By Robert J. Mintz

Contents:

PART ONE:  THE LAWSUIT PROBLEM

Chapter 1 – Searching for the Deep Pocket Defendant

• Lawyers search for a defendant who can pay. That’s the key element of every case. Without a defendant who can pay a claim, a lawsuit will not typically go forward.

Chapter 2 – How Anyone Can Find Out What You Own

• How does a potential plaintiff find out whether you have enough money to make you an attractive lawsuit target? Using a network of information services and techniques such as pretext, a detailed list and description of your assets and income can be assembled quickly.

Chapter 3 – What Happens in a Lawsuit

• In this chapter we discuss the real story about what happens in a typical lawsuit from filing the complaint through the collection process. What motivates the attorneys on each side of the case and how you can avoid ending up in the middle.

Chapter 4 – How to Avoid Fraudulent Transfers

• Although the law favors and encourages asset protection in most circumstances, there comes a point in financial transactions and legal proceedings when it is no longer permitted. In some cases this boundary is clearly defined, but often the question of when the remedy of asset protection is still permissible is fuzzy.

PART TWO:  ASSET PROTECTION SOLUTIONS

Chapter 5 – When to Use a Corporation

• The first consideration in structuring a sound asset protection plan is deciding which form of entity should be used to operate your business. The possible choices include general and limited partnerships, sole proprietorships, trusts, limited liability companies, and corporations.

Chapter 6 – Asset Protection and Estate Planning with a Family Limited Partnership

• The Family Limited Partnership (FLP) is a prominent strategy for asset protection and estate planning. In this Chapter we discuss the advantages and disadvantages of the FLP along with the most recent cases and legislation.  We analyze both charging orders and foreclosures against partnership interests and discuss in detail the options for holding partnership interests.

Chapter 7 – Powerful Strategies with the Limited Liability Company

• The Limited Liability Company (LLC) has become a powerful tool for accomplishing many asset protection goals. The LLC is the most versatile and convenient strategy for owning rental property, insulating Dangerous Assets, operating a business, and achieving an excellent level of financial privacy.

Chapter 8 – The Living Trust: The Foundation of Estate Planning

• The entity known as a trust will be essential in creating various strategies for accomplishing asset protection, estate planning, and privacy benefits. This chapter will provide a background for understanding how these techniques work and how a trust will be a part of your overall plan.

Chapter 9 – Family Savings Trusts: Asset Protection, Tax Savings and Privacy

• The term Family Savings Trust is a broad descriptive term for a trust intended to hold and protect assets against lawsuits and business risks. A Family Savings Trust is extremely flexible in form and can incorporate provisions, which combine the features of domestic and even offshore arrangements within the language of the plan documents. All of your assets can be held within the trust—but be governed by special terms appropriate for that asset.

PART THREE:  SELECT TOPICS ON ASSET PROTECTION

Chapter 10 – Lawsuit Risks and Litigation Strategies

Chapter 11 – Developing an Asset Protection Plan

Chapter 12 – Business and Financial Planning