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Titling Assets: Pitfalls to Avoid

Titling Assets: Pitfalls to Avoid

Individuals should proceed with caution and utilize experienced counsel when titling new assets or transferring title to existing assets. This issue of the APN is the first of two parts addressing the most frequent failings of individuals attempting to implement do-it-yourself asset protection by titling/retitling assets.

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Homestead Exemptions

Homestead Exemptions

On April 20, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was enacted into law. The stated purpose of the Act is to “improve bankruptcy law and practice by restoring personal responsibility and integrity in the bankruptcy system and ensure that the system is fair for both debtors and creditors.”

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Special Protective Measures Required: For Retirement Plans, Real Estate, and Accounts Receivable

Special Protective Measures Required: For Retirement Plans, Real Estate, and Accounts Receivable

How do we go about protecting real estate, accounts receivable, equipment, and similar immovable assets (in this newsletter, we’ll call these “fixed assets”)? We have to make such assets unattractive to the creditor.

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Tenancy by the Entireties: Protection No More!

Tenancy by the Entireties: Protection No More!

This issue was scheduled to be a review of Barbados. However, a decision in a recent case which may put at risk certain “do-it-yourself” protection techniques was handed down, and is discussed in this issue.

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Limited Partnerships: A Closer Look

Limited Partnerships: A Closer Look

The use of limited partnerships in asset protection planning was generally discussed in Volume I, Numbers 3 & 4. In this issue we will take a more detailed look at how and why limited partnerships are used in asset protection planning, and the limitations of the limited partnership technique.

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Traps and Pitfalls of Do-It-Yourself Asset Protection

Traps and Pitfalls of Do-It-Yourself Asset Protection

A client recently said, “My property is protected; my wife and I own everything as joint tenants with right of survivorship”. WRONG!

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