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Blog Posts in December, 2012

For protection why can't I just title my assets to someone else so they can't be claimed by my creditors?

Using 'straw men' is always poor planning. Its pitfalls are obvious. First is the fraudulent conveyance pitfall. Gifting your assets to a friend or relative after you're sued with the ...
Continue reading "For protection why can't I just title my assets to someone else so they can't be claimed by my creditors?" »

It seems that the first step to defensive planning is to get your assets out of your own name. Correct?

We agree. Unless your assets are exempt, title them to a protective entity. As long as the entity itself is not a debtor, then a subsequent transfer by that entity will not be considered fraudulent ...
Continue reading "It seems that the first step to defensive planning is to get your assets out of your own name. Correct?" »

How can one reduce their chances of a fraudulent transfer claim?

Use common sense. Avoid the badges of fraud. Don't invite suspicion and inquiry. Your transfers must pass a 'sniff' test. First, protect yourself before you have a liability. There's ...
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Can a creditor seize my assets or prevent me from transferring my assets before they have a judgment?

Generally not. Litigants, who have yet to win a judgment, ordinarily cannot commence a fraudulent transfer claim or freeze your assets. This is a remedy for judgment creditors. Nor can a pre- judgment ...
Continue reading "Can a creditor seize my assets or prevent me from transferring my assets before they have a judgment?" »
The Presser Law Firm, P.A. - Asset Protection Attorney
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