Articles
Current Articles
This curated collection represents a sample from a wide range of articles published by our firm, with a focus on fostering a better understanding of complex asset protection techniques.
Latest Article ·
Can a Creditor Foreclose on a Member’s Interest in a Single-Member LLC?
The single-member limited liability company (SMLLC) offers solo entrepreneurs a mix of liability protection and operational ease, but personal financial distress raises a critical question: can a creditor foreclose on the member’s interest in the SMLLC? The answer hinges on state la
Topics
29 articles
Can a Creditor Foreclose on a Member’s Interest in a Single-Member LLC?
Stephen Speiser, Esq. March 12, 2025 The single-member limited liability company (SMLLC) offers solo entrepreneurs a mix of liability protection and operational ease, but personal financial distress raises a critical question: can a creditor foreclose on the member’s interest in the SMLLC? The answer hinges on state la
How Foreign Asset Protection Trusts (FAPTs) Compare to Domestic Asset Protection Trusts (DAPTs)
Stephen Speiser, Esq. September 2024 In the realm of wealth management and asset protection, trusts play a pivotal role in safeguarding assets against potential creditors, legal judgments, and other financial risks. Two prominent types of trusts utilized for these purposes are Foreign Asset Protection Trusts (FAPTs) an
Popular Jurisdictions for Foreign Asset Protection Trusts (FAPTs)
Stephen Speiser, Esq September 2024 When it comes to protecting assets from potential creditors, lawsuits, or other financial threats, establishing an offshore trust in a jurisdiction with strong asset protection laws can be a strategic move. Among the most popular jurisdictions for foreign asset protection trusts are
The Impact of Divorce on Foreign Asset Protection Trusts (FAPTs)
Stephen Speiser September 2024 Foreign Asset Protection Trusts (FAPTs) are a powerful tool for safeguarding assets from potential creditors and legal disputes. However, when it comes to divorce, the effectiveness of these trusts can be put to the test. Divorce proceedings often involve complex asset division and can le
Introduction to Foreign Asset Protection Trusts (FAPTs)
By Stephen Speiser, Esq. Sept 2024 In today’s increasingly litigious society, protecting one’s assets from potential creditors and legal claims has become a priority for many individuals. One effective strategy for safeguarding wealth is the use of Foreign Asset Protection Trusts (FAPTs). Here is an overview of what FA
The Power of International Asset Protection Trusts
By Stephen Speiser, Esq. June 2024 The vehicle of choice for many high-net-worth families engaged in offshore asset protection planning is the international asset protection trust (“IAPT”). The principal reason IAPTs are popular is because the trust can lawfully hold assets outside the jurisdiction of the United States
Nevis Enacts Amendments to LLC Ordinance
By Stephen Speiser, Esq. May 2024 In 2009, the Nevis Island Assembly enacted the Nevis Limited Liability Company Ordinance, which opened the door to the convenient formation of offshore business entities in a tax-friendly and asset-protective Caribbean jurisdiction. A major rewrite of the legislation in 2017 did not ma
Advice CPAs Should Give Clients on Asset Protection – Part I
By Stephen Speiser, Esq. May 2024 CPAs are called upon to advise clients on a wide range of financial planning matters, and their good counsel is often essential to the success of their clients’ business and estate planning objectives. One area that most CPAs tend to avoid, however, is asset protection. This is unfortu
The Commercial Real Estate Meltdown is Coming – Prepare Your Clients
385 Banks Projected to Fail / 1,000’s of Loans Projected to Default / Guarantors Wiped Out By Stephen Speiser, Esq. May 2024 The Coming Commercial Real Estate Storm Approximately $1 trillion of commercial real estate debt is coming due this year, and that number will increase dramatically in 2025. The Mortgage Bankers
Asset Protecting Against Loan Guarantees
By Stephen Speiser, Esq. May 2024 There is, perhaps, nothing more destructive of personal wealth than a personal guarantee. Of all the parties to a commercial loan transaction, guarantors are the ones who are the most “at risk” following a default. The reasons are several: Simply put, guarantors have few, if any, defen
The Folly of Domestic Asset Protection Trusts (DAPTs)
By Stephen Speiser, Esq. We need to have a serious conversation about domestic asset protection trusts (DAPTs). By our last count, 20 states now have DAPT laws: Alabama, Alaska, Connecticut, Delaware, Hawaii, Indiana, Michigan, Mississippi, Missouri, Nevada, New Hampshire, Ohio, Oklahoma, Rhode Island, South Dakota, Te
What Every CPA Should Know About FBAR Reporting Requirements
What Every CPA Should Know About FBAR Reporting Requirements
Corporate Transparency Act Held Unconstitutional
By Stephen Speiser, Esq. In Nat’l Small Bus. United v. Yellen, 2024 U.S. Dist. LEXIS 36205 (March 1, 2024) the U.S. District Court for the Northern District of Alabama ruled that the CTA is unconstitutional in a lawsuit brought by the National Small Business Association (NSBA) and one of its members, Isaac Winkles. The
The Alec Baldwin Saga: A Case Study
By: Stephen Speiser, Esq. February 1, 2024 Can Asset Protection Save His Fortune from Manslaughter Charges? The once bright future of Alec Baldwin is now in serious peril. On Friday, January 19, 2024, a New Mexico grand jury indicted the Emmy-award winning actor and director on involuntary manslaughter charges stemming
Florida’s Homestead Law
by Stephen Speiser, Esq.The Speiser Law Firm P.A. Florida’s homestead exemption is one of the most powerful asset protection laws available anywhere in the United States. Moreover, it is not just statutory law: It is written into the Constitution of the State of Florida. That makes Florida’s homestead law a constitutio
The Mareva Invasion: Are Mareva Rulings Coming to the United States?
Readers of our website know that we have written extensively about the Mareva ruling, a form of ex parte preliminary injunction increasingly granted by courts outside the USA to freeze debtor assets. A 2021, Florida state court decision has created a great deal of unease among debtors’ representatives concerning the re
Asset Protection: Foundations versus Trusts
From time to time, we are asked about using foundations as a substitute for asset protection trusts. In our judgment, there is no substitute for a competent, well crafted trust. This does not mean, however, that foundations should not be used in asset protection planning. For clients with charitable goals and objective
When In Rome… How the Location of Assets Affects Asset Protection Planning
The location of particular assets affects the law governing those assets and your ability to protect those assets from unanticipated creditors
Is All Asset Protection Planning Bad Under the UVTA?
A state’s enactment of a DAPT law should be regarded as the state legislature’s expression per se “actual intent” under the UVTA not be imputed in any form of asset protection planning. While this is an incredibly broad inference, it reflects the reality that DAPTs do not exist in a vacuum.
Digital Asset Protection Planning
Several years ago, I assisted a client who was going through a contentious divorce. Of particular concern to my client was that he had entrusted his then wife with passwords for many of his online accounts, and she was not ready to hand them over. Her phone number had also been used for two-factor authentication on sev
When Is An “Offshore” Asset Protection Plan Not Really Offshore?
There are three basic elements of a true “offshore” asset protection plan: (i) the legal structure (trust or business entity) must be formed outside the U.S. in a safe jurisdiction; (ii) the assets have been successfully migrated to the offshore legal structure; and (iii) legal control of the structure must be vested i
The Swiss Hybrid Trust: A Primer
The Swiss Hybrid Trust constitutes an asset protection vehicle unattainable in any one jurisdiction alone.
Convoy Collateral v. Broad Idea et al.: Going Beyond Anton Piller Orders
The Court of Appeal of the Eastern Caribbean Supreme Court has recently issued a ruling expanding the power of the courts in the British Virgin Islands to issue injunctions in support of foreign proceedings, including injunctions directed at third parties who are not subject to any substantive claims (known as “Chabra”
Planning for Success
The Speiser Law Firm’s approach to asset protection involves a highly structured process that begins with the performance of comprehensive due diligence on each and every client to ensure that we have a full understanding of your needs before we begin the planning process, and to make sure our planning recommendations
Asset Protection Entities
We use a variety of special purpose entities (“SPE”) as firewalls to shield your asset from creditors. In this section we will explore the most effective SPEs for asset protection planning. Two of the most effective SPEs for asset protection are: We will consider each one in turn. Domestic Asset Protection Limited Liab
Charging Order Protection
Charging Orders are an important legal issue that must be navigated by the client and their attorney in order to create a successful asset protection plan. Technically, a charging order is a creditor remedy. It is a court order that allows a creditor to intercept any distributions of income or profits that are paid out
Fraudulent Transfers (aka “Voidable Transactions”)
Fraudulent transfers are one of the most important and difficult legal issues that must be confronted by the client and their attorney in order to create a successful asset protection plan. A fraudulent transfer is defined as a transfer of property to a third party with the intent to “hinder, delay, or defraud” a prese
What Is Asset Protection?
Asset protection is the art of indirect (or beneficial) ownership, and its goal is to enable you to achieve the following objectives lawfully and ethically: “Asset protection is the art of indirect, beneficial ownership.” – Stephen Speiser At its most basic, asset protection is a legal fortress behind whose battlements
Zen and the Art of Asset Protection
“Zen: 1. a state of calm attentiveness; 2. an approach to life that emphasizes calm simplicity; 3. a state of peacefulness or relaxation” Imagine, if you will, that you’ve lost a major lawsuit and the jury has awarded the plaintiff a multimillion-dollar judgment. You now find yourself sitting in the conference room of