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Table of Contents

List of Forms by Chapter

Chapter 1 — Why Is Asset Protection Planning Important?

Chapter 2 — Practical and Ethical Considerations

Chapter 3 — Fraudulent Transfers

Chapter 4 — Bankruptcy Issues Under the Bankruptcy Abuse Prevention and Consumer Protection Act

Chapter 5 — Protecting Family Assets

Chapter 6 — Drafting Considerations for Trusts

Chapter 7 — Planning for Exempt Assets

Chapter 8 — Protecting Business Assets

Chapter 9 — Asset Protection During Estate and Trust Administration

Chapter 10 — Onshore Trusts

Authors

Mark D. Anderson
Mark D. Anderson
Mark D. Anderson is a Partner in Coman & Anderson, P.C., in Lisle, where he concentrates his practice in federal taxation, estate planning, and corporate law. He is a member of the Chicago Bar Association, having served as Chair of the Federal Taxation Committee in 1998 – 1999, and the American Bar Association, serving as a member of the Section of Taxation. Mr. Anderson received his B.A. from Illinois State University, his J.D. from Loyola University Chicago School of Law, and his LL.M. in taxation from Georgetown University Law Center
Jeffrey M. Bergman
Jeffrey M. Bergman
Jeffrey M. Bergman is a trust counsel for Charles Schwab Bank, in Chicago, where he concentrates on trust administration and taxation. Mr. Bergman is a member of the American Bar Association’s Section of Real Property, Trust and Estate Law, and the Chicago Estate Planning Council. He is also an adjunct professor at Northwestern University Pritzker School of Law. Mr. Bergman received his B.A. with honors from Grinnell College and his J.D. from the University of Chicago Law School.
Lucy D. Bickford
Lucy D. Bickford
Lucy D. Bickford is a member of the Private Clients, Trusts, and Estates Group at Schiff Hardin LLP in Chicago. She counsels clients on lifetime gift and estate planning, estate administration and contested trust and estate matters, and charitable planning. Ms. Bickford received her B.A. from Duke University and her J.D. from Northwestern University School of Law. She serves on the Board of Directors of HealthConnect One and is a member of the Chicago Community Trust Young Professional Advisory Committee. Additionally, Ms. Bickford is a member of the American and Chicago Bar Association.
Kathleen Eggers Buchar
Kathleen Eggers Buchar
Kathleen Eggers Buchar is Senior Vice President and Senior Legal Counsel at The Northern Trust Company’s Chicago office, where she advises Northern Trust’s wealth advisory partners on issues concerning trusts and estates. She was previously a Partner with Seyfarth Shaw LLP. She has spoken on estate planning and tax topics at such venues as IICLE® and the Chicago Bar Association. She received her B.S. magna cum laude from Truman State University and her J.D. cum laude from the University of Michigan Law School.
Jamie L. Burns
Jamie L. Burns
Jamie L. Burns is an associate with Levenfeld Pearlstein, LLC, in Chicago, where she concentrates her practice on commercial litigation. Ms. Burns is a member of the International Women’s Insolvency & Restructuring Confederation. Prior to joining Levenfeld Pearlstein, Ms. Burns served as outside counsel to a large national bank. She received her B.A. from Eastern Illinois University and her J.D. from Chicago-Kent College of Law.
Theodore E. Froum
Theodore E. Froum
Theodore E. Froum currently practices with Froum & Garlovsky, LLC, which is based in Chicago and Evanston. Mr. Froum concentrates his practice in estate and tax planning, as well as probate estate, guardianship, and trust administration. He received his B.A. from Brandeis University, his J.D. from the Benjamin N. Cardozo School of Law at Yeshiva University, and his LL.M. in tax law from New York University. He is licensed to practice law in Illinois, Florida, and Michigan. Mr. Froum is a frequent speaker and has presented at IICLE® continuing legal education programs, the Chicago Bar Association, an American Immigration Lawyers Association conference, and other professional and educational venues. His topics have included estate and tax planning for individuals with ties to several countries, asset protection, the U.S. estate and gift tax system, and basic estate planning.
Margot Gordon
Margot Gordon
Margot Gordon is Of Counsel to the Monahan Law Group, LLC, in Chicago, a law firm focused on guardianship, estate planning, elder law, and mental health and disability law, where she concentrates her practice in estate planning and guardianship. Ms. Gordon has extensive experience handling the full range of estate planning matters for both high-net-worth and smaller clients, including planning for business succession, special needs, and charitable purposes; and handling trust and estate administration. She also routinely represents corporate and individual trustees, trust beneficiaries, guardians, and agents. Ms. Gordon was the first attorney to obtain authority to engage in estate planning in a minor’s guardianship matter in Cook County. Prior to entering private practice, she was a staff attorney at the Cook County Public Guardian’s Office, where she represented abused and neglected children, handled appeals in both state and federal appellate court, and represented the Public Guardian in matters involving adults with a disability. She has written predominantly on issues related to estate planning in guardianship matters for IICLE®, the CBA Record, the Illinois Bar Journal, and Illinois Bar Section Newsletters. She is also a member of the Chicago Estate Planning Council. Ms. Gordon received her B.A. from the University of California — San Diego and her J.D. from the University of Chicago Law School.
Kim Kamin
Kim Kamin
Kim Kamin is the Principal and Chief Wealth Strategist Member at Gresham Partners, LLC, in Chicago. She leads the development and implementation of estate, wealth transfer, philanthropic, educational, and fiduciary planning activities. She is a Fellow of the American College of Trust and Estate Counsel and serves on the Editorial Advisory Board of Trusts and Estates Magazine, as an adjunct professor at the Northwestern University Pritzker School of Law where she was awarded the William M. Trumbull Lectureship, and as an officer on the Board of Directors for the Chicago Estate Planning Council. Ms. Kamin received her B.A. with distinction and departmental honors from Stanford University and her J.D. from the University of Chicago Law School.
Stuart J. Kohn
Stuart J. Kohn
Stuart J. Kohn is a Partner and leads the Trusts & Estates Group at Levenfeld Pearlstein, LLC, in Chicago. He concentrates his practice in estate, gift, and income tax planning and business succession planning matters and has significant experience in complex estate and trust administration matters. He is a member of the American College of Trust and Estate Counsel. He is a Past Chair of the Executive Committee of the Chicago Bar Association’s Trust Law Committee and served as President and former member of the board of directors of the Greater North Shore Estate and Financial Planning Council. He is a member of the Illinois and American Bar Associations. In 2009, 2016, and 2017, he was named as a Leading Lawyer, in addition to being an Illinois Super Lawyer from 2007 – 2019. Mr. Kohn received his B.B.A. from the University of Michigan and his J.D. from Loyola University Chicago School of Law.
James M. Lestikow
James M. Lestikow
James M. Lestikow is a Partner at Hinshaw & Culbertson LLP, in Springfield, where he concentrates his practice in estate planning, business transactions, and commercial real estate. He is a Fellow of the American College of Trust and Estate Counsel and has served on its Asset Protection Committee. He is the Vice Chair and a member of the Board of Directors of IICLE®. He is also a member of the American, Illinois State, and Sangamon County Bar Associations and the standing Advisory Committee to IICLE® for estate planning programming and publications. Mr. Lestikow received his B.S. from Northern Illinois University and his J.D. from the University of Illinois College of Law.
Janet Rae Montgomery
Janet Rae Montgomery
Janet Rae Montgomery is a Partner/Member at Daluga Boland & Montgomery LLC in Chicago, where she focuses her practice on estate planning and administration. She is a Fellow of the American College of Trust and Estate Counsel and an adjunct professor in the Northwestern LLM Tax Program. Ms. Montgomery received her B.A. magna cum laude, Phi Beta Kappa, from the University of Southern California and her J.D. from Stanford Law School.
James E. Morgan
James E. Morgan
James E. Morgan is an attorney with Howard & Howard, in Chicago, where he focuses on creditors’ rights, helping clients navigate all legal issues raised by financially distressed companies. Mr. Morgan is a member of the Chicago Bar Association, the American Bankruptcy Institute, and the Turnaround Management Association. He served for many years as an Associate Editor of Litigation News (an ABA Section of Litigation publication). While in law school, he served as Assistant Editor of the Indiana Law Journal. Mr. Morgan was also an adjunct instructor of appellate advocacy at Ohio State University College of Law. Mr. Morgan received his B.S. with high distinction and departmental honors from Indiana University and his J.D. cum laude from Indiana University School of Law-Bloomington.
Ronald Schreiber
Ronald Schreiber
Ronald Schreiber is a Partner in the Chicago office of Seyfarth Shaw LLP and concentrates his practice in all aspects of estate planning and estate and trust administration. Mr. Schreiber also has extensive experience with business succession planning, planning for disability, charitable planning, generation-skipping tax planning, prenuptial agreements, and guardianships for minors and disabled adults. He is a member of the Chicago Estate Planning Council and the Chicago and New York State Bar Associations. Mr. Schreiber received his B.A. magna cum laude from Queens College of the City University of New York and his J.D. from the University of Chicago Law School.
Elizabeth B. Vandesteeg
Elizabeth B. Vandesteeg
Elizabeth B. Vandesteeg is a Partner with Sugar Felsenthal Grais & Helsinger LLP, in Chicago, and concentrates her practice in the areas of bankruptcy, commercial litigation, and date security and privacy. Ms. Vandesteeg is a Board member of the IWIRC Chicago Network, and she has been named to the 40 Under 40 list of the American Bankruptcy Institute, the Chicago Daily Law Bulletin, and Chicago Lawyer. Ms. Vandesteeg received her B.A. from Columbia University and her J.D. from Boston College Law School.

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Asset Protection Planning (ARCHIVED 2014 EDITION)

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Mark D. Anderson

Jeffrey M. Bergman

Lucy D. Bickford

Kathleen Eggers Buchar

Jamie L. Burns

Theodore E. Froum

Margot Gordon

Kim Kamin

Stuart J. Kohn

James M. Lestikow

Janet Rae Montgomery

James E. Morgan

Ronald Schreiber

Elizabeth B. Vandesteeg

Asset Protection Planning (ARCHIVED 2014 EDITION)