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Asset Protection Planning 2018 Edition

This valuable guide assists attorneys in choosing the most effective means for protecting a client’s marital, family, and business assets while navigating tricky areas such as offshore trusts to avoid improper transfers.

This handbook covers the myriad of ways in which a client's financial property can be preserved, Discussions include practical and ethical considerations, potential civil and criminal liability and disciplinary actions; fraudulent transfers with in-depth discussions on §548 of the Bankruptcy Code and the Uniform Fraudulent Transfer Act; and bankruptcy issues under the Bankruptcy Abuse Prevention and Consumer Protection Act (such as the bankruptcy estate, exclusions, and exemptions; protecting family assets before, during, and after marriage and from third-party creditors and claims). Also covered are drafting considerations for trusts; protecting business assets (with discussions on protecting individuals from business liabilities and protecting businesses from individual liabilities); asset protection during estate and trust administration; and onshore trusts with discussions on issues relating to domestic asset protection trusts. The following categories of planning for exempt assets are also addressed: 529 plans, life insurance, annuities, qualified plans and individual retirement accounts, and primary residence. This handbook also discusses perpetuities provisions, powers of appointment, trustee succession considerations, and trustee powers. Forms and sample language provisions include a general spendthrift clause, termination letter, notice to possible creditors, qualified disclaimer of assets, and multiple examples of trust provisions.

TABLE OF CONTENTS

General Editors:
James M. Lestikow, Hinshaw & Culbertson LLP, Springfield, and Stuart J. Kohn, Levenfeld Pearlstein, LLC, Northbrook

Chapter 1 — Why Is Asset Protection Planning Important?
Kathleen Eggers Buchar, Northern Trust Corporation, and Ronald Schreiber, Seyfarth Shaw LLP, Chicago

Chapter 2 — Practical and Ethical Considerations
James M. Lestikow, Hinshaw & Culbertson LLP, Springfield

Chapter 3 — Fraudulent Transfers
Elizabeth B. Vandesteeg, Sugar Felsenthal Grais & Helsinger LLP, and Jamie L. Burns, Levenfeld Pearlstein, LLC, Chicago

Chapter 4 — Bankruptcy Issues Under the Bankruptcy Abuse Prevention and Consumer Protection Act
James E. Morgan, Howard & Howard Attorneys, PLLC, Chicago

Chapter 5 — Protecting Family Assets
Janet Rae Montgomery, Daluga & Boland, LLC, Chicago

Chapter 6 — Drafting Considerations for Trusts
Sheri E. Warsh, Levenfeld Pearlstein, LLC, Chicago

Chapter 7 — Planning for Exempt Assets
Margot Gordon and Amy E. Orlando, Monahan Law Group, LLC, Chicago

Chapter 8 — Protecting Business Assets
Steven L. Kriz, Daluga & Boland, LLC, Chicago

Chapter 9 — Asset Protection During Estate and Trust Administration
Jeffrey M. Bergman, Charles Schwab & Co., Inc., and Kim A. Kamin, Gresham Partners, LLC, Chicago

Chapter 10 — Domestic Asset Protection Trusts
Kim A. Kamin, Gresham Partners, LLC, and Kristen Hosack Pace, Schiff Hardin LLP, Chicago

Chapter 11 — Using Offshore Trusts for Asset Protection Planning
William A.Ensing, Ensing Law Firm, Ltd., Lake Forest

Handbook
SKU: 18ASSETPP-H
$165.00
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E-book
SKU: 18ASSETPP-E
$165.00
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This handbook covers the myriad of ways in which a client's financial property can be preserved, Discussions include practical and ethical considerations, potential civil and criminal liability and disciplinary actions; fraudulent transfers with in-depth discussions on §548 of the Bankruptcy Code and the Uniform Fraudulent Transfer Act; and bankruptcy issues under the Bankruptcy Abuse Prevention and Consumer Protection Act (such as the bankruptcy estate, exclusions, and exemptions; protecting family assets before, during, and after marriage and from third-party creditors and claims). Also covered are drafting considerations for trusts; protecting business assets (with discussions on protecting individuals from business liabilities and protecting businesses from individual liabilities); asset protection during estate and trust administration; and onshore trusts with discussions on issues relating to domestic asset protection trusts. The following categories of planning for exempt assets are also addressed: 529 plans, life insurance, annuities, qualified plans and individual retirement accounts, and primary residence. This handbook also discusses perpetuities provisions, powers of appointment, trustee succession considerations, and trustee powers. Forms and sample language provisions include a general spendthrift clause, termination letter, notice to possible creditors, qualified disclaimer of assets, and multiple examples of trust provisions.

TABLE OF CONTENTS

General Editors:
James M. Lestikow, Hinshaw & Culbertson LLP, Springfield, and Stuart J. Kohn, Levenfeld Pearlstein, LLC, Northbrook

Chapter 1 — Why Is Asset Protection Planning Important?
Kathleen Eggers Buchar, Northern Trust Corporation, and Ronald Schreiber, Seyfarth Shaw LLP, Chicago

Chapter 2 — Practical and Ethical Considerations
James M. Lestikow, Hinshaw & Culbertson LLP, Springfield

Chapter 3 — Fraudulent Transfers
Elizabeth B. Vandesteeg, Sugar Felsenthal Grais & Helsinger LLP, and Jamie L. Burns, Levenfeld Pearlstein, LLC, Chicago

Chapter 4 — Bankruptcy Issues Under the Bankruptcy Abuse Prevention and Consumer Protection Act
James E. Morgan, Howard & Howard Attorneys, PLLC, Chicago

Chapter 5 — Protecting Family Assets
Janet Rae Montgomery, Daluga & Boland, LLC, Chicago

Chapter 6 — Drafting Considerations for Trusts
Sheri E. Warsh, Levenfeld Pearlstein, LLC, Chicago

Chapter 7 — Planning for Exempt Assets
Margot Gordon and Amy E. Orlando, Monahan Law Group, LLC, Chicago

Chapter 8 — Protecting Business Assets
Steven L. Kriz, Daluga & Boland, LLC, Chicago

Chapter 9 — Asset Protection During Estate and Trust Administration
Jeffrey M. Bergman, Charles Schwab & Co., Inc., and Kim A. Kamin, Gresham Partners, LLC, Chicago

Chapter 10 — Domestic Asset Protection Trusts
Kim A. Kamin, Gresham Partners, LLC, and Kristen Hosack Pace, Schiff Hardin LLP, Chicago

Chapter 11 — Using Offshore Trusts for Asset Protection Planning
William A.Ensing, Ensing Law Firm, Ltd., Lake Forest

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