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   Recommended Reading

Financing Accounts Receivables for Retirement and Asset Protection
by Ronald J. Adkisson

Accounts Receivables Financing
 

Riser Adkisson
http://www.risad.com
 

   Resources

Good Lessons from Bad Cases
Jay Adkisson's presentation to the Florida Bar Association's Asset Protection seminar, March 13, 2006, explores charging orders, reverse alter ego, and attorney liability issues.

 
Asset Protection
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Asset Protection:
Concepts and Strategies
for Protecting Your Wealth

AssetProtectionBook.com is by far the largest and most comprehensive creditor-debtor and asset protection resource available anywhere, currently hosting 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.

This website was created by two of the most respected advisors in asset protection.

Jay Adkisson is an attorney admitted to practice in Oklahoma and Texas, and has twice been an expert witness to the U.S. Senate Finance Committee regarding abusive tax schemes. Jay has appeared as an expert on ABC's 20/20 and been often quoted in Forbes, the Wall Street Journal, the Financial Times, and numerous other publications.
More on Jay Adkisson

Chris Riser is an attorney admitted to practice in Georgia and North Carolina, and is currently serving on the board of the American Bar Association's Asset Protection Planning Committee. Chris is also a veteran of the first Gulf War, having served in military intelligence.

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.

While the articles and analysis on this website are most often drafted from the 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.

Again, this website was primarily set up to support Asset Protection: Concepts and Strategies. 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.

Click Here for Some Important Warnings

Upcoming Speaking Appearances

 
Miami School of Law January 8-12, 2007 -- Orlando World Center Marriott -- Jay Adkisson will present "Ethical Issues in Asset Protection Planning" at the 41st Annual Heckering Institute on Estate Planning .

 

ASSET PROTECTION
This section discusses general issues about the nature, goals, objectives and morality of asset protection planning. Specific planning strategies and tactics are discussed in other sections below.

Topical Research  |  Lexicon  |  Sitemap  |  Search  |  Blog
Newsletter Subscription  |  Newsletter Current & Past Issues  |  Discussion

 

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 PRACTICE CONCERNS
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

 

JUDGMENT COLLECTIONS
Creditor-debtor litigation issues as they relate to either designing and implementing effective asset protection plans or to unwinding abusive and improper asset protection plans.

U.S. Department of Justice, Tax Division Judgment Collection Manual

 

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  | Introduction to Insurance

 

BUSINESS ENTITIES
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  |  Corporations  |  Partnerships and LLCs  |  Charging Orders
The Series LLC Center | Captive Insurance and RRGs

 

TRUSTS AND 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 Trusts

 

Accounts Receivable Financing Book
Business Assets Financing - EquiStrip

TRANSACTIONS AND TRANSFERS
Transaction 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  |  Equity Stripping  |  Fraudulent Transfers

 

INTERNATIONAL AND OFFSHORE PLANNING
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  |  Hiding Money Offshore

STATE RESOURCES
We provide the best state-by-state coverage of debtor-creditor issues as they relate to asset protection planning, including links to exemption statutes, and collections of cases relating to fraudulent transfers, charging orders, alter ego, etc.

 

OTHER ARTICLES & PUBLICATIONS
A list of other articles and publications by Jay Adkisson and Chris Riser.

 

ASSET PROTECTION BOOK CHAPTERS
The following webpages supplement "Asset Protection: Concepts and Strategies" by Jay Adkisson and Chris Riser, and lead to supplementary materials, give errata, definitions, etc.

Introductory

Efficacy Resolved

Efficacy Being Tested

• Dissociational Methodologies

• Transformational Methodologies Innovative Frontier Conclusion

 

OTHER WEBSITE FEATURES

Seminars  |  Speaking Engagements  |  Legal Disclaimers  |  Contact Us

Call Toll Free: 888-359-8851

Lost Eye Book

Lost Eye

Coping with Monocular Vision
after Enucleation or Eye
Loss from Cancer,
Accident, or Disease

By Jay D. Adkisson

 

Captive Insurance Companies Book

Captive Insurance

An Introduction to Captives,
Closely-Held Insurance
Companies, and
Risk Retention Groups

By Jay D. Adkisson

Amazon

 
 
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Some Important Warnings

While we have included a great deal of cases, statutes, and other materials, it is impossible for us to comprehensively maintain a complete data resource for each topical area or jurisdiction. To the contrary, we maintain and add to this website only as our time allows. Thus, some materials herein may have fallen out of date, or have been superseded by other statues or court opinions. Thus, this website should be view only as a starting place for research on the issues discussed herein, and not as the definitive final answer. No professional worth his professional salt would dare rely on these materials without substantial further outside investigation for the most current information. Even when we ourselves use this website as a resource, it is only a starting place for information and we always do further research. Certainly, nothing herein is, nor is even meant to be, any substitute for the services, advice, or counsel of a licensed attorney in the relevant jurisdiction.

Within the first couple of days, a new law school student quickly realizes the truth of the adage: "General Rules Are Generally Inapplicable". This adage should be a warning for the use of the materials on this website. That other litigants have succeeded or failed with certain arguments in their cases does not ipso facto mean that you will win or lose in your case. Asset Protection, like most other areas of practice, are fact and circumstance intensive, meaning that each litigant will have facts particular to their own situations that will cause their case to turn differently than others.

It is also folly to attempt "do it yourself" asset protection because of these complexities. The law is often unclear, amorphous, and turns on the personal experiences of a particular judge, and is not in the nature of a computer code or a self-assembly lawn mower where the careful following of the directions will necessarily lead to the desired result. In this area of practice perhaps more than any other, the learned intuition of the planning attorney based on their in-court experiences in hearings on creditors' motions and in debtors' exams about how judges will rule in certain situations may often make or break the effectiveness of an asset protection plan, and this intuition simply cannot be gleaned from a book or seminar or any of the materials herein.

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