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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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Real Estate Ownership in the United States

Do you own real estate? Are you a shareholder in a closely-held corporation or a partner in a partnership that owns real estate? Are you a trustee of a trust that owns real estate? If you answered “yes” to any of these questions, you should read on….

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