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Entity Trusts: Special Planning Technique Examined

Entity Trusts: Special Planning Technique Examined

An entity trust is a trust settled (created) by an entity, such as a corporation, limited liability company, trust, or partnership. An entity trust might also be settled by an appropriate group of entities, such as a related or commonly owned group of corporations, limited liability companies, trusts, or partnerships.

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Homestead Exemptions

Homestead Exemptions

On April 20, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was enacted into law. The stated purpose of the Act is to “improve bankruptcy law and practice by restoring personal responsibility and integrity in the bankruptcy system and ensure that the system is fair for both debtors and creditors.”

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IRA Exemptions: Supreme Court Settled the Matter?

IRA Exemptions: Supreme Court Settled the Matter?

On April 4, 2005, the United States Supreme Court handed down its decision in Rousey v. Jacoway, a case addressing the issue of exempting individual retirement accounts (IRAs) from federal bankruptcy proceedings. The decision was widely hailed in the financial press, with such headlines as “High Court Rules IRAs Untouchable – Unanimous Decision Means Retirement Savings Are Protected From Creditors”.

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State Exemption Laws: Pitfalls to Avoid (Part 2)

State Exemption Laws: Pitfalls to Avoid (Part 2)

All states provide some degree of “asset protection” through their state exemption laws. Such laws shield certain types of assets, such as homestead, wages, annuities, life insurance and retirement funds from creditor claims. This issue of the APN is the second of two parts addressing the most frequent errors people make in attempting to implement asset protection on their own by using (or failing to use) state exemption laws.

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State Exemption Laws: Pitfalls to Avoid (Part 1)

State Exemption Laws: Pitfalls to Avoid (Part 1)

All states provide some degree of “asset protection” through state exemption laws which shield certain types of assets, such as homestead, wages, annuities, life insurance and retirement funds (“exempt assets”). This issue of the APN is the first of two parts addressing the most frequent failings of individuals attempting to implement asset protection on their own by using (or failing to properly use) state exemption laws.

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Legislative Update: Cook Islands – 2003

Legislative Update: Cook Islands – 2003

In 2002 the Cook Islands were removed from the OECD blacklist (See, APN, XI, No. 2), and, on May 7, 2003, the Parliament of the Cook Islands passed a suite of Acts to update its money laundering prevention laws and procedures with the expectation of also being removed from the FATF blacklist.

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