There may be considerable factual overlap between the individual creditors» allegations of fraudulent conduct and allegations that assets were put
beyond reach of the creditors generally.
Better still, should you come out on the wrong end of a bankruptcy or lawsuit, your insurance policy, including the savings component, will remain out
of reach of any creditor — unlike your house, bank account, or RRSP.
It is exempt, protected from
the reach of creditors or the bankruptcy trustee.
Nearly all retirement accounts that are governed by the Employee Retirement Income Security Act (ERISA, as it is called), including pensions and 401Ks, are not assets of a bankruptcy estate because they almost all universally contain an anti-alienation clause that protects them from
the reach of creditors.
When crafting asset protection strategies it is important to check with your local state laws because many states have protections in place protecting the cash in a life insurance policy from
the reach of creditors.
Transferring assets to a third party to put them out of
the reach of your creditors may be an avoidable fraudulent transfer.
«Trustees in bankruptcy have an obligation to seek out and recover assets that have been concealed or put beyond
the reach of the creditors by improper preferences, conveyances or settlements or by invalid security.
We guide clients through the often dizzying variety of choices in domestic and foreign trusts designed to put wealth beyond
the reach of creditors.
Only legal title is conveyed to a third - party trustee to put trust assets often outside
the reach of creditors.
Asset protection strategies can be a great way to shield assets from
the reach of creditors and limit exposure to third parties.
Recently, the courts of several Caribbean islands — long considered to be havens where funds could be stashed beyond
the reach of creditors — have demonstrated they are prepared to take determinative action to prevent dissipation of assets that might respond to a prospective judgment from a foreign court.
Its core work involves breach of trust, breach of fiduciary duty, restitution, misrepresentation and transactions entered into at an undervalue in order to put assets beyond
the reach of creditors.
When crafting asset protection strategies it is important to check with your local state laws because many states have protections in place protecting the cash in a life insurance policy from
the reach of creditors.