creditor Archives - Davis Schilken, PC

Once Again, If Charging Order Protection Closes the Door to Asset Access by the Creditors, the Courts May Open Another Door

Sep 20, 2017

September 20, 2017 The use of a limited liability company can provide what is known as charging order protection against creditors of individual members who have assets inside the LLC. When the LLC can be shown to have a business, investment or marketing purpose...

Having a Trust that is Both “Dated” and Irrevocable can be Hazardous to your Wealth.

Jul 26, 2017

July 26, 2017 Irrevocable trusts that were set up a few years ago (as well as many trusts that are still being set up today) which have provisions that are “etched in stone,” may later, due to changing laws or family circumstances, operate in a way that was completely...

The Achilles Heel to Domestic Asset Protection Laws?

Jun 21, 2017

June 21, 2017 Jay Adkisson recently highlighted the Nevada case of Transfirst Group, Inc. v. Magliarditi, 2017 WL 2294288 (D. Nev., May 25, 2017), in which fraudulent transfers (i.e., transfers of assets made to frustrate a creditor) were the subject of an injunction...

Aloha to Asset Protection Using Hawaii Trusts—May Need to Go Further “Offshore”

Apr 5, 2017

April 5, 2017 In a Hawaii Supreme Court case, a debtor engaged in a fraudulent transfer to a Hawaii asset protection trust. The debtor was hoping to rely on Hawaii’s one year statute of limitations period that bars any fraudulent transfer claims after a transfer to...

Once Again, If Charging Order Protection Closes the Door to Asset Access by the Creditors, the Courts May Open Another Door

Having a Trust that is Both “Dated” and Irrevocable can be Hazardous to your Wealth.

The Achilles Heel to Domestic Asset Protection Laws?

Aloha to Asset Protection Using Hawaii Trusts—May Need to Go Further “Offshore”

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