Tag: asset protection

Asset Protection In Real Life

Howard Rosen, Esq. • April 1, 1994

Florida has received a lot of bad press in recent years as a result of notorious types like Bowie Kuhn moving here from up north at the “eleventh hour” to establish an exempt Florida homestead. Our legislature has had enough, and is now considering a proposed constitutional amendment which could force a homeowner with more than $350,000 of equity to sell the home to pay creditors.

Are Retirement Plans Really Protected?

Howard Rosen, Esq. • February 1, 1994

In our September 1992 issue (AP NEWS, Vol. I, No.2) we reported that the U.S. Supreme Court, in Patterson v. Shumate, had resolved the national controversy regarding whether qualified retirement plan interests were reachable by creditors by its unanimous holding that such interests were protected.

The New Florida Exemption Laws

Howard Rosen, Esq. • September 1, 1993

On May 14, 1993, the Florida Legislature enacted (without the Governor’s signature) significant changes and added new provisions to Florida’s exemption laws. These changes become effective on October 1, 1993, although the effective date provision could have been more clearly drafted. In this issue, we will examine these new and changed provisions and see how you may be affected.

Florida Exemption Planning

Howard Rosen, Esq. • April 1, 1993

Exemptions are provided by the laws of each state in order to protect specified property interests from being reached by creditors and bankruptcy courts. Each state may adopt its own exemption laws, or may choose to adopt the federal bankruptcy exemptions, or may permit its residents their choice.

Selecting an Offshore Jurisdiction for the APT

Howard Rosen, Esq. • January 1, 1993

Selecting the jurisdiction in which the Asset Protection Trust (“APT”) will be located is a very important step. Consideration must be given to a number of factors at that location.

Fraudulent Transfer Issues In Asset Protection

Howard Rosen, Esq. • December 1, 1992

It is often said that the key to effective asset protection is ADVANCE PLANNING. This truism is repeatedly emphasized, because of the “fraudulent transfer” laws. Fraudulent transfer laws in one form or another are in effect in every state and civilized jurisdiction in the world.