Filing bankruptcy to protect your assets—dischargeable taxes, pre-bankruptcy planning, Chapter 7 and Chapter 13.
Customer Reviews:
Best Book on Asset Protection.......2006-04-01
I have now read several books on asset protection and this one is by far the best. This author appears to be very knowledgeable, and is not out to sell anything, like some others. Highly recommend.
Seriously outdated and in need of revision.......2004-12-24
This book was probably the best for its time, but is seriously outdated today. For example, the book revolves on the use of foreign asset protection trusts as the centerpiece of an asset protection plan, but doesn't discuss at all the Anderson or Lawrence cases (where those trusts badly failed), or any of the dozen or so other cases where offshore trusts failed, or how to deal with those failures. The book also fails to discuss post-9/11 changes in IRS reporting requirements that now generate easy paper trails for creditors to follow.
Because of all this, it is entirely possible that somebody could finish the book with significant misperceptions about what works and what doesn't. So until the book is revised to bring it into this century it should probably be put in the "it will just confuse you" category.
good intro background on the topic.......2003-03-21
This book is aimed at someone who has some assets to protect but doesn't know the first thing about it. It does an admirable job in explaining in general how creditors get to your assets, along with clear explanations of the principal mechanisms to protect assets. Obviously you should get an attorney who knows this field if you are serious about the whole thing, but this book gives you some background to help you talk to and work with this attorney. Beware of books and websites selling you the Next Greatest Offshore Asset Protection Scheme. This book is much more general and much more credible.
A Good Overview.......1999-01-07
This book is a primer on the topic of asset protection and offers readers a general overview of both domestic and foreign protection vehicles.
One should not buy this book believing it is a practical manual on the topic of estate planning or asset protection. The book is remarkably easy to read and filled with hypotheticals based on a case sample, but it lacks the depth and detail required to be a good primary reference.
A good overview with layman's terms, easy to understand.......1997-10-01
As an attorney who considers himself pretty well versed in the content of this book, I read the book with an intent to review an area of the law I had not practiced in a while. The book was a pleasant surprise to me. The explanations given by Mr. Klueger were accurate and well written in terms anyone would understand, even an old salt lawyer like me. I would highly recommend this book to anyone who wants to learn the nuts & bolts of asset protection strategies, even before the reader goes to his lawyer to discuss his own concerns. The form for a family limited partnership in the back of the book is handy and good reading as an example. I only wish Mr. Klueger had included some additional forms for the various stratagies mentioned in the book. Overall, I'd give it a "well done!"
Book Description
With juries giving out million-dollar awards for such things as spilt coffee and harassment, anyone with assets must realize that what has taken a lifetime to earn can be lost in an instant. Our legal system has become a lottery in which lawyers finance claims against anyone with money. This book explains in simple language how anyone with any assets can best protect them against any type of claims.
After seeing how unfair the legal system has become, Attorney Mark Warda spent over a year and a half studying every type of asset protection plan available, from the homestead exemption to the offshore trust, from the most court-protected to the clearly illegal, and from the cost-free methods to the most expensive schemes. This book is the result of that research.
In simple language, it explains what works, what doesn't and why. It provides asset protection plans for every need, from the simple and cheap to the complex and expensive. It explains the three main ways to keep your assets out of reach of creditors and the five most important rules for being sure they work. It includes a summary of the law for each state and explains how to do more research to keep up to date.
If you own any assets you do not want to lose to a creditor, you need this book!
Customer Reviews:
Empowers Producers Against Moochers and Looters.......2006-02-27
From the aptly named Galt Press comes the Complete Guide to Asset Protection Strategies by Mark Warda, Attorney at Law. In modern America, no one remains safe from frivolous lawsuits. A person's entire life savings can vanish overnight thanks to a tort system that rewards envy and careless living. The American legal system authorizes tort lawyers to work on contingency fees with no penalty other than wasted time if they lose but huge payoffs if they win. This arrangement encourages the filing of frivolous lawsuits against easy yet wealthy targets. According to the author:
"The system is much more favorable to people filing suit than to people defending themselves. ... In England the loser must pay the winner's attorney fees, so only serious claims are filed. But here there is no risk to bringing a weak or even false claim. It is so expensive to defend a suit that often innocent people pay a large settlement rather than pay twice as much in attorney fees to win. ... England (and most other countries) forbid contingent fees for attorneys."
Producers work their entire lives, saving, investing, and building their net worth, only to have such a disaster strike. Under these conditions, the wise producer prepares for the worst by acquiring the knowledge he needs to protect his assets and then acting accordingly. This book offers such knowledge.
Warda divides his book into six sections:
1. Overview of Asset Protection Planning
2. Shielding Yourself Against Claims
3. Protecting Property in Your Name
4. Taking Property Out of Your Name
5. When Disaster Strikes
6. Your Immediate Action Plan
In total, 51 chapters articulate the content of these six powerful parts of an overall asset protection plan. In addition, Warda includes two appendices that delineate asset exemptions by state as well as offer camera-ready legal forms to help the reader to "cover his assets."
Whether you currently own your own business or work for an employer, whether you find yourself currently single or married, parenting or childfree, wealthy or poor, you need to make plans now to accumulate, title and protect your assets. Doing so can literally allow you to retain control and use of large portions of your wealth even if, as a last resort, you declare bankruptcy. According to Warda:
"Some have said that bankruptcy is too easy and that people with millions of dollars in exempt assets are abusing the system. I dare say that people who are being awarded millions of dollars for such things as "emotional damages" by using psychological profiles of jurors are no less guilty of abusing the system. Your use of bankruptcy can cure the abuse of a creditor's misuse of the courts."
Producers, en garde! Begin now to defend your wealth against the looters and moochers who would snatch it from your coffers! Your assets will thank you for it.
Readable overview of a variety of asset protection techniques.......2005-11-08
Describes a number of asset protections strategies, and for the real estate owner, explains how to combine the strategies together to potently isolate your liabilities and defend your assets. Read together with his book on land trusts.
Disappointing Regurgitation of Old Ideas.......2004-10-23
I was very disappointed with this book, and only after reading it did I find out that Warda doesn't even practice in the area of asset protection, but instead just cranks out "self-help" type book (over 60, according to his own plug). The old phrase "Jack of All Trades, Master of None" seems to be particularly applicable to Mr. Warda's knowledge of asset protection, which translates into little more than a re-write of other (now outdated) works from last century. I guess you'll buy this if you want the entire Warda-on-everything collection, but take a pass if your specific interest is asset protection.
Book Description
The latest techniques for preserving family wealth and legally avoiding personal liability in the operation of a small business are provided in this guide. Intended for the small business owner, the strategies discussed are equally effective in larger businesses. Taken together, these strategies provide a multilayered approach to asset protection, offering redundant protection and often presenting an insurmountable barrier to creditors. Topics covered include the types of property that are exempt from bankruptcy and legal judgments; and methods for using insurance, asset transfers, and asset protection trusts as a second level of defense. The strategies detailed in this book have been proven effective by actual court cases. Alternatives are contrasted and compared in terms of costs, complexity, and effectiveness, affording owners the opportunity to choose approaches based on their needs.
Customer Reviews:
Awesome Intro to Asset Protection.......2005-03-02
This book is probably the best entry level guide to asset protection.
Excellent book for general public.......2004-07-17
I read through the book and learned a lot about various aspects of asset protection. This book is focused on small business, as it says, and it does an excellent job when discussing various 'tools'. There are many great asset protection 'tools' out there, but what works for you is all you need to care about, and this books does just that to small business owners.
The book starts with understanding your position to creditors (private and gov't). Then, it helps you get to know one tool after another in different situations you may be in, and each chapter is just in great details including pro and cons, typical scenarios, and Smart Plan (I love these).
Of course, no one is perfect. What I wish to see from this book, and many other books in this topic, is the overall picture of a business entity model/structure a person/business should have. For instance, it'll be much more helpful if the author include 2 or 3 smart business structures one should/could have and provide explanation of how each model works. The model should utilize, let's say, LLC, Living Trust, children's Trust... altogether to build a strong asset protection structure for a business and its business owners. It's true that the models may not totally work for each indiv., but it does give great understanding of how/why it's structured the way it is.
Overall, the book is great and highly recommended to general public readers who, like me, is not a lawyer or pro in this area. Further legal assitance is still recommended, but at least readers get good understanding when designing their own plan.
What every small to large-sized business owner needs !!.......2003-06-21
It's clear that the author has years of experience in protecting business owners' hard-earned assets. The author's asset protection strategies range from simple and inexpensive to complex and costly. This really makes the book suitable for managers of large corporations as well as small business owners.
At 500 pages, the book is detailed and comprehensive, but easy to read. Who would have known that in many states taking out a second mortgage on a house could make it exempt from attachment, while in other states, just the opposite approach, i.e., paying off the first mortgage, is what's required? Or that an IRA shields assets from the claims of creditors in many states and thus provides much more than a tax shelter, while in other states an ERISA-qualified 401(k) plan is a better choice? The author sorts all of this out in an authoritative but easy to read guide. Many readers will wish that they had this book years ago before financial problems developed. But, even there the author has strategies that can help avert a disaster.
The content, layout and design of this book make it not only indispensable, but actually fun to read. The tips, warnings and anectdotes are terrific. Attorney Misenti obviously has wide ranging experience in this field and his writing style is superb.
The Ultimate Wealth Preservation Guide.......2003-05-29
This is the ultimate guide to wealth building and wealth preservation. I've read other guides on forming an LLC or a corporation, but I never realized how woefully inadequate those other guides were before I purchased this book. As the author points out, many business owners form an LLC or a corporation without understanding how to strategically fund the entity, avoid exceptions to limited liability, or transfer assets to exempt categories, all of which are necessary if financial wealth is to be preserved in the face of lawsuits or bankruptcy. This guides teaches how to do all of that, and more.
The addition of actual cases, state asset exemption lists, and business forms for LLC's, makes this one of the best books of its kind that I've seen. Apparently this is one book in a series from the publisher that has received a lot of acclaim. ...
Save a Million Dollars! Timely Guidance.......2003-05-29
I've read that small business and entrepreneurs lead the country out of a recession. This guide could not be more timely. Don't start a business or expand your business without buying this book. This guide should be in the library of every business owner and well used. This really is the best, and most comprehensive asset protection guide on the market for small business owners, corporate mangers, and individuals interested in preserving their wealth.
I like the fact that the author proves that, when his asset protection strategies are put into place before financial problems arise, they are virtually beyond challenge, even to the extent of preserving an individual's entire wealth against the most significant of claims. I found it amazing that, with the right planning, millionaires can emerge from a major lawsuit or bankruptcy with no loss at all! Want to save a million dollars or all of the assets you have worked hard to create? Buy this book NOW and put a comprehensive asset protection plan in place based on the author's recommendations.
Amazon.com
Lee Phillips and Kristy Phillips, married attorneys who specialize in financial planning, were faced with their very own monetary crisis some 15 years ago when Lee was diagnosed with terminal cancer. Now having beaten back both the disease and the possibility of associated fiscal disaster, the couple has written Protecting Your Financial Future to outline the asset protection and estate planning principles they utilized during their ordeal. Packed with personal anecdotes and other real-life examples, it includes tips that readers can employ immediately as well as practical long-term advice on cutting or eliminating estate taxes, protecting your home from lawsuits, and avoiding probate.
Book Description
This unique guide, endorsed by nationally known radio talk show host Bruce Williams, gives you inside information on estate planning and asset protection strategies. In a down-to-earth style, the book helps readers understand how to: save thousands in taxes and legal fees; protect assets and business from lawsuits; avoid probate and unnecessary court proceedings; maximize IRAs and retirement plans; and minimize grief, confusion and financial burden for loved ones. Includes a foreword by Bruce Williams, ten asset protection tips anyone can use to protect against lawsuits or financial grief, sample legal documents, and a glossary of terms.
Customer Reviews:
Best book on estate planning and asset protection.......1998-10-06
As an attorney, I've read many books on estate planning and asset protection. Protecting Your Financial Future is the best treatment of the subject I've seen. It's got powerful info that even financial and legal professionals will learn from, but it's easily understood by the layperson too.
One of the best aspects of the book is its writing style. It was actually enjoyable to read; intermingling strategies with anecdotes that illustrate principles.
Living trusts and other asset protection tools are often used incorrectly. The authors of Protecting Your Financial Future help readers avoid common pitfalls and build wealth with strategies all my clients should use. I highly recommend this book to anyone who has a trust or thinks they will benefit from a trust. This book will give you the answers you need for the best possible plan.
Book Description
For business owners, managers, and IT staff interested in learning how to effectively and ethically monitor and influence workplace behavior, this guide is a roadmap to ensuring security without risking employee privacy or trust. The misuse of information systems by wired workers—either through error or by intent—is discussed in detail, as are possible results such as leaked or corrupted data, crippled networks, lost productivity, legal problems, or public embarrassment. This analysis of an extensive four-year research project conducted by the authors covers not only a range of security solutions for at-risk organizations but also the perceptions and attitudes of employees toward workplace surveillance.
Customer Reviews:
Human aspect.......2007-02-18
It was very pleasing to read an IS book that wasn't as dry as sandpaper.
The authors conducted a survey to find out user (general office worker non-tech, executive staff level, and IT people) attitudes about various IS topics. They then wrap around an introduction while the meat of each section is mainly survey excerpts accompanied by expert comments.
I've passed this book along to many of my colleagues to read. Those who have read it also give it rave reviews.
For those without common sense.......2006-10-02
The book consists of several adequate overview chapters, followed by excerpts from interviews with managers, IT people, and ordinary employees. These interview excerpts can be interesting, but anyone working in the field has certainly heard all of these opinions from their own coworkers. The book also contains the results of various surveys of attitudes and practices.
Beware that this is not a practical book, it's a social science monograph, written in a style that will leave you numb if you're not an academic. Worse, the authors occasionally adopt a condescending tone towards those who have only "intuitions" derived from personal experience, and not their own academic pseudo-knowledge.
A survey essential.......2006-09-24
THE VISIBLE EMPLOYEE: USING WORKPLACE MONITORING AND SURVEILLANCE TO PROTECT INFORMATION ASSETS WITHOUT COMPROMISING EMPLOYEE PRIVACY OR TRUST is a 'must' for any business serious about privacy and information security in the workplace. It reports on the results of a four-year research project focused on prevailing workplace security measures and their repercussions, discussing solutions, employee attitudes towards monitoring, and privacy issues. Both legal and security issues come into play in a survey essential for IT managers.
Diane C. Donovan
California Bookwatch
The results of a four-year research project concerning prevailing workplace security measures and their side effects.......2006-08-10
"The Visible Employee" presents the results of a four-year research project concerning prevailing workplace security measures and their side effects. On the one hand, deliberate or accidental employee misuse of information systems can cause havoc; on the other, too much monitoring and surveillance of employees can provoke conflict on all levels of hierarchy and cause drag on the efficiency of a business. Chapters present the perspectives of Information Technology professionals, managerial perspectives, employee perspectives, the pros and cons of different approaches to the quandary of balancing security against efficiency, and much more. Numerous appendices from employee interview protocol to a recommended password policy ("never use a dictionary word for a password" or "never send a password using email") and an index round out this valuable guide to businesses trying to successfully compete in a rapidly evolving and interconnected world.
Customer Reviews:
intelligent author and useful material.......2006-01-20
Let me first preface my review with the fact that the author's copyright date is 1997. This might deter the interests of some who desire the most up-to-the-minute knowledge of this topic, but the fact of the matter is that, when dealing with most books and strategies of this kind, it is in the prudent and in the time-tested that we find our most valuable resources and not in the most modern.
With that caution of the age of the material now set aside, I shall tell you the author writes competently, intelligently, and on a broad number of topics as they pertain to asset protection planning, including but not limited to: 1) limited liability companies, 2) foreign asset protection trusts, 3) family limited partnerships, 4) corporations, 5) the collection process, and 6) fraudulent transfers.
The book almost requires, or at the very least, would be easier to read, with an already thorough (or, at minimum, basic) understanding of the topics at hand. The author takes the liberty of 1) citing statutes, 2) discussing the highly technical legal aspects of various approaches, and 3) thoroughly analyzing, in appropriately complex language (without the use of excessive simplification or "dumbening" of the information) the topics he discusses, all in a way such that the vocabulary and strategies employed are more appropriate reading for accountants, attorneys, and those specialized in the field than for those who are just learning about the topic.
I am not a "friend" of the author, as so often happens to be the case with many reviews and reviewers, but rather an uninterested third party and independent analyzer. I rate the book 5 stars for 1) its complexity, 2) the intelligence of the author, 3) the broadness of the materials covered, and 4) its successful review of the topics the title of the book promises to cover. It is well-written and covers many of the essential elements of asset protection.
WHO MIGHT WANT TO WAIT BEFORE BUYING? If you're just learning about the topic, you might consider adding this to your "wish list" and buying it later; I suspect newcomers might find the material dry and excessively technical, but that is merely my opinion and if that sort of thing interests you, then more power to you.
Average customer rating:
- Good Basic Facts
- Constitutional Trusts are TAX FRAUD
- THIS BOOK IS A HOAX!!! BEWARE!!!
- bad writing at its finest!!!
- Fuzzy Logic at Best; SHOW ME A LAWYER THAT AGREES
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The Constitutional Common-Law Trust : Liability Protection Asset Protection Income Protection
James Mathers
Manufacturer: Helion Pub
ProductGroup: Book
Binding: Paperback
 Marriage
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ASIN: 0962864021 |
Book Description
The Pure Trust textbook. Everyday explainations, with great detail; how-to make and run Common Law Pure Trusts to protect your assets, gain liability protection, avoid probate, reduce taxes and live in privacy.
This is the book that tells you everything you need to know about Pure Trusts. It is what the Big Boys use to protect their assets and pay no taxes. Used by professionals, accountants, financial managers, written for the average business entrepreneur.
Customer Reviews:
Good Basic Facts.......2005-11-10
Ignorance of the law is no excuse, but that does not prevent these "cpa/lawyer-types" in their reviews from going on and on in an effort to keep you ignorant. How many "lawyers/cpas" do you know that give free advise on their own time? So after skimming a few of these "pro bono" editorials, I concluded that the "truth hurts" and I ordered the book. Thanks! This book concisely gives you what you need to know to make an informed decision as to whether or not to pursue Common-Law trusts any further. And that is all I wanted. Yes, there is an additional charge for a form-filled, step by step manual, but you know ahead of time if it is worth pursuing. In my mind it is. A one-time charge of $500 is peanuts compared to the liability protection. Good info that the global elite do not want us to have.
Constitutional Trusts are TAX FRAUD.......2005-06-09
Constitutional Trusts/Pure Trusts are absolutely bogus. They are not legal trust entities and do not shelter income of any type. These trusts are tax scams that do not work. Please see IRS Notice 97-24; T.C. Memo 1994-303; T.C. Memo 1991-264.
Contact any experienced tax attorney/CPA for the truth.
Do not pay anyone to establish this type of "non-trust." If you believe that you can avoid income tax/reduce income tax by utilizing this type of vehicle, please reference the above mentioned Tax Court Memos. The IRS will prosecute. Don't believe this material.
THIS BOOK IS A HOAX!!! BEWARE!!!.......2002-10-17
I am the general counsel for a private trust company. Our average client has a net worth in excess of $30 million. Prior to being at my current position, I consulted with clients regarding sophisticated tax strategies at Arthur Andersen and prior to that I practiced tax and estate planning law at a major law firm. I give you this background so that I am not categorized as a lawyer of adviser that works with smaller clients and doesn't understand sophisticated tax strategies. We work with the top 1%of the top 1% of the wealthy in the U.S. and we constantly deal with national and international tax consultants on very sophisticated planning techniques.
I had a client approach me with questions about a so called "Pure Trust" or "Constitutional Trust" so I did quite a bit of research. The Constitutional Common Law Trust does not work. It is absolute tax fraud. The IRS letter referred to in the book does not say that the income generated from the pure trust is not taxable or is not includable in the grantor's estate. What the letter says is that no tax ID number is necessary for the trust in question because it is not a taxable entity separate from the grantor under Section 671 of the Code. Under Section 671 the income will be taxed directly to the grantor of the trust. That is a totally different than saying that income from the trust is not taxable.
We deal with clients on very sophisticated tax strategies that are not in the public domain. If the Pure Trust worked we would be very very interested in using it with our clients. The less money that goes to the IRS means more money for our company to manage (which leads to greater fees). But, unforunately, the constitutional common-law trust just doesn't work.
See IRS Notice 97-24 concerning abusive trusts.
There are many valid tax planning techniques that can operate to reduce assets and protect assets from creditors. The Constitutional Common Law Trust is not one of these valid techniques.
bad writing at its finest!!!.......2001-11-08
To keep your interest and keep this short simply know that this book in my hand contains NO LEGAL ADVICE nor does it contain ANY INFORMATION ON HOW TO ESTABLISH A COMMON LAW TRUST. This book is simply the precursor to the authors' self-help book which runs (...)! Also this book contains NO LEGAL CODE!!!IRS of otherwise. The authors' obviously expect the reader to have a lot of faith in the truth of their deductions.
It may be true that Thomas Jefferson and Ross H Perot have established common law trusts but they had their lawyers do all the work!!! The actual paperwork of the trust is simple but it is necessary to pay for advice on how to file correctly. ALso, you may want to have a "professional" overview and inspect your work to make sure the IRS will have no problems with you.
Anyone reading this book should look for a book which contains encoded filing information...actual court cases and actual code always helps the reader understand and believe at the same time!!
Fuzzy Logic at Best; SHOW ME A LAWYER THAT AGREES.......2001-06-23
I have consulted at lest 2 lawyers on this and I am told there is no such thing. There is very little practical value left in the book considering its premise is so easily defeated through expert advice. Some talk still applies to small business, limited liability companies, and true forms of trusts or estate 'setups' Save your 30$, consult an online legal newsgroup and pat me on the back for the effort.
Average customer rating:
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Asset Protection Strategies, Volume II: Wealth Preservation Planning with Domestic and Offshore Entities
Alexander Bove
Manufacturer: American Bar Association
ProductGroup: Book
Binding: Paperback
General
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Guides
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ASIN: 1590310209 |
Book Description
Providing professional analysis and review of the many issues involved when advising clients on wealth preservation, this addition to the Asset Protection Strategies series covers more advanced topics in an area of the law that is growing in demand. Topics include protecting a child's inheritance, drafting issues, offshore limited partnerships and LLCs, taxation, administration and funding of offshore trusts and liability and due diligence concerns.
Customer Reviews:
Would like my money back.......2004-11-27
This is a publication by the American Bar Association that is little more than a compilation of articles on various subject, most of which seem outdated. Since you can find the articles for free online (and usually updated versions of the articles) this means that you are just wasting your money with this one.
Books:
- Bankruptcy And Debtor/creditor: Examples And Explanations (Examples & Explanations)
- Bankruptcy And Debtor/creditor: Examples And Explanations (Examples & Explanations)
- Bankruptcy And Debtor/creditor: Examples And Explanations (Examples & Explanations)
- Bankruptcy And Debtor/creditor: Examples And Explanations (Examples & Explanations)
- Bankruptcy And Debtor/creditor: Examples And Explanations (Examples & Explanations)
- Bankruptcy And Debtor/creditor: Examples And Explanations (Examples & Explanations)
- Bankruptcy And Debtor/creditor: Examples And Explanations (Examples & Explanations)
- Bankruptcy And Debtor/creditor: Examples And Explanations (Examples & Explanations)
- Beating the Street
- Boomsday
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