Below you'll find a list of all posts that have been tagged as “stephen speiser”
Are Mireva 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 reach of …
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 objectives, foundations provide an excellent vehicle to satisfy those …
The location of particular assets affects the law governing those assets and your ability to protect those assets from unanticipated creditors
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 in persons or trustees who are not subject to U.S. jurisdiction.
The Swiss Hybrid Trust constitutes an asset protection vehicle unattainable in any one jurisdiction alone.
