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Can a Creditor Foreclose on a Member’s Interest in a Single-Member LLC?

Published on: March 12, 2025 Last modified on: April 18, 2025 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 law, judicial …

How Foreign Asset Protection Trusts (FAPTs) Compare to Domestic Asset Protection Trusts (DAPTs)

Published on: September 12, 2024 Last modified on: March 10, 2025 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) and Domestic Asset …

Popular Jurisdictions for Foreign Asset Protection Trusts (FAPTs)

Published on: September 11, 2024 Last modified on: March 10, 2025 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 Cook …

The Impact of Divorce on Foreign Asset Protection Trusts (FAPTs)

Published on: September 10, 2024 Last modified on: March 10, 2025 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 lead …

Introduction to Foreign Asset Protection Trusts (FAPTs)

Published on: September 9, 2024 Last modified on: March 10, 2025 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 FAPTs …

The Power of International Asset Protection Trusts

Published on: June 7, 2024 Last modified on: March 10, 2025 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 where …

Nevis Enacts Amendments to LLC Ordinance

Published on: May 24, 2024 Last modified on: March 10, 2025 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 make …

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Advice CPAs Should Give Clients on Asset Protection – Part I

Published on: May 20, 2024 Last modified on: March 10, 2025 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 …

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The Commercial Real Estate Meltdown is Coming – Prepare Your Clients

Published on: May 17, 2024 Last modified on: March 10, 2025 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. …

Asset Protecting Against Loan Guarantees

Published on: May 17, 2024 Last modified on: March 10, 2025 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 …