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      Asset Protection

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 Thus, some materials herein may have fallen out of date, or have been superseded by other statues or court opinions.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 (Warning from http://www.assetprotectionbook.com/).

Special Warning regarding Nevada Corporations
for asset protection planning

California Legislative Information site

California Codes

California Asset Protection Overview

Charging Order Protected Entities (COPEs)

Asset Protection by State

 

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Web designed and authored by Jerry E. Bartram, CPA  Last Updated 12/22/14

"IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, I inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein."