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General Guide

This is a big and dynamic site with new materials constantly being added, and you will need to learn how to move around it. These pages may help you:

• Topical Research

• Lexicon

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• Blog

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• Newsletter Current & Past Issues

What's Hot

• Captive Insurance Companies

Specific Industry Concerns

This section discusses industry-specific or needs-specific issues in asset protection planning.

• Asset Protection for Physicians

• Series LLCs for Aircraft

• Asset Protection for Corporate Officers and Directors

Professional Issues

Resources for determining when debtor planning can properly be done, and the consequences to planners of doing asset protection in circumstances where it should not be done.

• Asset Protection Against the IRS?

• Civil Conspiracy Article

• Civil Conspiracy

• Planner Liability

• Morality of Asset Protection Planning

• Ethical Issues

For more Click Here

Exemption Planning

Exemption planning considers the use of statutory exemptions from collections as set forth by either Congress or the state legislatures. The goal of such planning is to maximize the debtor's use of the available exemptions. The debtor's fullest use of exemption planning may be significantly restricted by the 2005 changes to the Bankruptcy Code, unless the planning is done well in advance.

• Homestead Exemptions

• Deferred Compensation Plans

• ERISA's Anti-Alienation Provisions

• Bankruptcy

• Insurance

  • Intro to Insurance

For more Click Here

Transactional Planning

Transactional planning considers the use of various types of transfers to take non-exempt assets off the debtor's balance sheet and thus render those assets unavailable to creditors. A goal of transaction planning is to avoid the application of the fraudulent transfer laws, which typically requires that the planning be done well in advance of any financial troubles suffered by the debtor.

• Annuitization

• Fraudulent Transfers

• Equity Stripping

  • Premium Financing Facilities

  • Accounts Receivable Leveraging

For more Click Here

Business Entity Planning

The state legislatures have long recognized the advantages of allowing business entities to offer limited liability to their investors. Thus, a staple of asset protection planning is the use of corporations, partnerships, and hybrid entities such as limited liability companies.

• Alter Ego

  • Reverse Alter Ego

• Corporations

  • Nevada Corporations

  • ESOPs

• Partnerships and LLCs

  • Charging Orders

  • The Series LLC Center

• Captive Insurance and RRGs

For more Click Here

Trusts & Foundations

One of the traditional techniques for protecting assets, going back literally hundreds years of Anglo-American jurisprudence, trusts offer tremendous benefits when used appropriate circumstances and often are underutilized for planning. Caution, however, that certain transfers to trusts and types of trusts have been voided by the state legislatures or by Congress in the bankruptcy code.

• Spendthrift Trust Provisions

• Dynasty Trusts for Generational Planning

• Domestic Asset Protection Trusts

• Foreign Asset Protection Trusts

• Uniform Trust Code

• Exotic Trust Arrangements and Pseudo Trust

For more Click Here

International & Offshore

The use of foreign jurisdiction for asset protection planning offers certain advantages and disadvantages. Unfortunately, the marketing hype of offshore planning has seemingly drowned out any rational discussion of whether such planning is necessary or worth the reporting hassles in most cases.

• Offshore Asset Protection: Where We Are Now

Offshore Warnings

The offshore heydays of the mid-1990s are long over. Today, "going offshore" is more difficult than ever, and numerous legal and tax landmines abound. This is why most asset protection is done domestically and why many advisors to use offshore planning only in rare circumstances.

• IRS Warns on Abusive Offshore Tax Avoidance Schemes

• IRS Guide to Abusive Offshore Tax Avoidance Schemes

• U.S. Senate Report: Tax Haven Abuses: The Enablers, The Tools and Secrecy

• Hiding Money Offshore

• Treasury Department Form TD F 90.22-1

• Reinvoicing / Transfer Pricing

For more Click Here

State-by-State Chart of Exemptions

For our famous summary chart showing exemptions on a state-by-state basis for IRAs and ERISA plans, homestead, life insurance and annuities. Click Here

About AssetProtectionBook.com

This website is by far the largest and most comprehensive creditor-debtor and asset protection resource available anywhere. This website hosts thousands of pages of articles, cases, statutes, analysis, and many other resources to assist planners and judgment collection professionals in researching contemporary creditor-debtor issues.

While the articles and analysis on this website are most often drafted from a planner's point of view, creditor attorneys and judgment collection professionals will also find many of these resources to be highly useful. We have tried whenever possible to be balanced in our analysis by pointing out strengths and weaknesses in different structures and strategies from both the planner's and creditor's viewpoint.

This website was primarily created to support our book Asset Protection: Concepts and Strategies (McGraw-Hill 2004). Because of the publishing agreement with McGraw-Hill Companies, Inc., certain articles which were used as the basis for that book have been withdrawn from internet publication. It is suggested that the book be used as the primary resource, and that the other materials on this website should be used as supporting materials only as needed.

Available from

Amazon.com

and

Barnes & Noble

This website was created by two of the most respected advisors in asset protection. Both Jay and Chris are regular speakers at seminars and conferences hosted by the American Bar Association, state bar associations, and numerous other professional groups nationwide. They are also both contributors to the American Bar Association's publication on asset protection planning.

The website for Riser Adkisson LLP is at http://www.risad.com which is the law firm by which Jay and Chris carry on their practice of law. Please visit that website if you are interested in learning more about contacting Jay and Chris about the possible use of their legal services.

Jay Adkisson

Attorney admitted to practice in California, Oklahoma and Texas. He is the author of the all-time best-selling book on captive insurance companies, "Adkisson's Captive Insurance Companies: An Introduction to Captives, Closely-Held Insurance Companies, and Risk Retention Groups". He has been an expert witness to the U.S. Senate Finance Committee, and a frequent speaker at various events on asset protection, captive insurance, and related topics, including to various groups of the U.S. Internal Revenue Service. He has appeared as an expert on ABC's 20/20 and has been often quoted in Forbes, the Wall Street Journal, the Financial Times, and numerous other publications. You can read more about Jay and his professional affiliations, educational background, and frequent speaking appearances on his personal website.

Chris Riser

Attorney admitted to practice in Georgia and North Carolina. He is the current Chair of the American Bar Association's Asset Protection Planning Committee, and the author of numerous articles and papers on asset protection. He is an admitted Solicitor in the United Kingdom, and holds a Master of Laws in Estate Planning from the University of Miami. He is a veteran of the first Gulf War, having served in military intelligence.