Asset protection planning has become one of the fastest-growing and most complex areas of modern legal practice. Attorneys advising business owners, professionals, and high-net-worth individuals must understand how to structure assets to mitigate risk while remaining compliant with fraudulent transfer laws and ethical obligations.
This program provides a comprehensive overview of asset protection planning, focusing on the legal principles that govern creditor rights, judgment enforcement, entity structures, and trust planning. Participants will explore how creditors collect on judgments, the legal limits of asset protection strategies, and the critical role of fraudulent transfer laws in evaluating planning techniques.
Learning Objectives:
* Identify the foundational principles of asset protection planning, including the legal and ethical boundaries that distinguish legitimate planning from improper attempts to shield assets from creditors.
* Evaluate the four key analytical factors in asset protection cases—the identity of the debtor, the nature of the claim, the identity of the creditor, and the nature of the assets involved.
* Explain how creditors collect on judgments, including liens, writs of execution, debtor examinations, and wage garnishment.
* Analyze the legal framework governing fraudulent or voidable transfers, including actual intent, constructive fraud, and the role of “badges of fraud” in litigation.
* Assess asset protection strategies involving entities and trusts, including LLC structures, charging order protections, irrevocable trusts, and domestic or foreign asset protection trusts.
Through practical examples and real-world planning scenarios, the course examines how attorneys can analyze the identity of the debtor, the nature of potential claims, the characteristics of creditors, and the type of assets involved when designing protection strategies. The session also reviews key planning tools—including LLCs, partnerships, trusts, and retirement structures—and highlights common mistakes that can undermine otherwise sound planning. By the end of the course, attorneys will gain a practical framework for advising clients on legally sound asset protection strategies while avoiding conduct that could expose them to fraudulent transfer claims or creditor challenges.
Jacob Stein, Esq. is the managing partner of Aliant, LLP. He specializes in asset protection planning, complex U.S. and international tax planning, and structuring international business transactions. Over the course of his career, Mr. Stein has represented officers and directors of Fortune 500 companies, Forbes 400 families around the world, high-profile entrepreneurs, celebrities, high net-worth individuals, private equity funds, and many more.