Avoid Filing Bankruptcy

How to shield your assets from creditors and other claimants. You've worked long and hard for your assets, from your business and home to hard-earned savings and investments. To safeguard them particularly against liability suits, "America's number one indoor sport" "A Guide to Asset Protection" offers proven strategies to help you keep what you may have spent a lifetime earning. Written by an attorney who specializes in tax-, estate-, and asset protection planning, this indispensable reference is filled with sound advice and practical tips on how to avoid the litigation jungle, as well as revealing insight on how creditors find and get at your assets. Actual case histories and model agreements steer you through the essentials, including: Protection through trusts irrevocable trusts and gift taxes, life insurance trusts, foreign asset protection trusts (FAPTs). Fraudulent conveyances the laws of fraudulent transfers, what fraudulent conveyance is (and is not). Asset protection for married couples separate and community property, transmutation agreements. Using family limited partnerships limited liability companies. Employing qualified retirement plans anti-alienation rule, nonqualified retirement plans, individual retirement accounts (IRAs). Filing bankruptcy to protect your assets dischargeable taxes, pre-bankruptcy planning, Chapter 7 and Chapter 13.

Lien avoidance - In bankruptcy the debtor, by way of a Motion to Avoid Lien, can avoid certain liens that attached to the debtor's exempt property prior to the filing of the bankruptcy petition. This action is often used to clear title to land from a judgment lien arising out of pre-petition activity in a state court.

Petition mill - A petition mill is a fraud in which the perpetrator poses as a financial advisor, sometimes as a credit counselor or paralegal, filing hastily-prepared bankruptcy documents in the name of victims who come to the advisor as clients. The bankruptcy filing is often both incomplete and inappropriate for the victim's condition; and, often, the victim does not even realize that a bankruptcy has been filed.

Chapter 13, Title 11, United States Code - Chapter 13 bankruptcy filing is a way for individuals in the United States to undergo a financial reorganization supervised by a federal bankruptcy court. The Bankruptcy Code anticipates the goal of Chapter 13 as enabling income-receiving debtors a debtor rehabilitation provided they fulfill a court-approved plan.

Individual Voluntary Arrangements - Individual Voluntary Arangements (IVA) are a formal alternative for individuals wishing to avoid petitioning for their own bankruptcy.

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