Author Archive: Howard Rosen, Esq.

Fraudulent Transfers and Contempt (video)

Howard Rosen, Esq. • April 1, 2013

Ohio Asset Protection: Loopholes and Limitations

Howard Rosen, Esq. • February 27, 2013

The Ohio Legacy Trust Act goes into effect on March 27, 2013. The act purports to be a domestic asset protection trust solution. The reality is that Ohio is merely the latest state to enact law that protects assets from creditors “sometimes.”

Ohio Legacy Trusts: A New “Protective” Trust Law?

Howard Rosen, Esq. • February 20, 2013

Ohio has joined the growing list of states which have enacted asset protection trust legislation. Chapter 5816, Revised Code of Ohio, enacts the Ohio Legacy Trust Act, which, on and after March 27, 2013, permits the creation of self-settled spendthrift trusts called “Legacy Trusts”.

Howard Rosen to Lead Two Asset Protection Seminars at AAA-CPA Annual Meeting

Howard Rosen, Esq. • February 18, 2013

Howard Rosen, a shareholder of the law firm of Donlevy-Rosen & Rosen, P.A., will lead two seminars as a Faculty Member for this year’s Annual Meeting of the American Association of Attorney-Certified Public Accountants (AAA-CPA).

In re Marciano – an analysis of the impossibility defense in contempt

Howard Rosen, Esq. • February 4, 2013

For the past two decades, naysayers jump at any case where a debtor is held in contempt and happens to have a trust, with the overt statement or implication that asset protection planning results in contempt. The most recent case drawing such attention comes to us from California in the form of Marciano, and close analysis reveals very different reasons for the debtor’s incarceration.

Rush University Case: What Could Have Been Done Differently?

Howard Rosen, Esq. • January 17, 2013

A 2012 Illinois Supreme Court case, Rush University Medical Center v. Sessions, has been touted as proof that asset protection trusts, especially offshore trusts, do not work. In this issue we will clarify and enlighten our readers as to why that particular offshore trust failed to protect assets, and we will point out what could and should have been done differently so that the protective planning would have worked as intended.