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Chapter 1 How Dr. Nguyen Lived (and Kept) the American Dream 1 Chapter 2 A Brief Tour of Civil Litigation 11 Before the Lawsuit Begins 12 The Kickoff: The Summons and Complaint 13 The Answer 16 Motions for Summary Judgment 17 All about "Discovery" 18 Mediation (and Settlement Conferences) 19 The Trial and the Judgment 20 Appeals 22 Postjudgment Examinations 23 Chapter 3 An Overview of Asset Protection Planning 25 The Four Variables 26 Don't Forget Income Protection 37 Don't Forget the Taxes! 38 Chapter 4 All about Fraudulent Conveyances 39 The Basics: 'Bivo Types of Fraudulent Conveyances 40 Present Creditors and Future Creditors 45 Defenses to Fraudulent Conveyances 46 What Is the Effect of a Fraudletnt Conveyance? 48 Chapter 5 Planning for Exempt Assets 51 Asset Protection and Retirement Plans 52 Asset Protection and Nonqualified Plans 58 The Homestead Exemption 59 Exemptions from \Wage Garnishment 61 Social Security 63 Life Insurance 64 The Florida Annuities Exemption 65 Chapter 6 Asset Protection for Spouses 67 Separate Property and Community Property 68 Creditors' Rights to Community Property 71 Quasi-Commnunity Property 73 Joint 'lenancy and T7nancy in Common 73 Fixing the Problem: All about Marital Agreements 75 Tenancy by the Entirety 81 Chapter 7 Asset Protection Using Corporations 83 What Is a Corporation? 84 Who Is AN'iat in a Corporation? 86 Public Corporations and Closely Held Corporations 89 Respondeat Superior ("Let the Master Answer") 91 Exceptions to Limited Liability 93 "Piercing the Corporate Veil" and the "Alter Ego" Theory 97 The Limits of Limited Liability 100 Planning Tips for Corporations 101 Chapter 8 Asset Protection Using Domestic Trusts 105 A`ho Is Who in a Trust 106 Living Trusts and Testamentary Trusts 107 Revocable Trusts and Irrevocable Trusts 112 Self-Settled Trusts 114 Discretionary 'Trusts 116 Spendthrift Trusts 117 Irrevocable 'Thist and Gift Taxes 118 Irrevocable Trusts and Income Taxes 119 Life Insurance and Life Insurance Trusts 120 Chapter 9 Asset Protection Using Limited Partnerships and Limited Liability Companies 127 A Brief Review of Corporations 128 The Asset Protection Booby Prize Goes to ... General Partnerships! 128 All about Limited Partnerships 131 A Few Words about Phantom Income 138 Fraudulent Conveyance? 139 All about Limited Liability Companies 139 "Will an LLC or an LP Shield the Family Residence? 146 Chapter 10 Foreign Asset Protection Trusts 147 How Do Foreign Trusts Work (so Well)? 148 TWhy Foreign Trusts Don't Work as Well for Real Estate 151 Drafting the Trust 152 Selecting the Trustee 158 Selecting the Foreign Jurisdiction 159 How Not to Do It: All about FTC z,. AfJfolable Media 167 Where Are the Assets in a Foreign Trust Actually Located? 169 Disadvantages? 170 Chapter 11 Some Advanced Asset Protection Techniques (and One Simple One) 173 Advanced Technique #1: Equity Strips 173 Advanced Technique #2: Private Annuities (and Self-Canceling Installment Notes) 177 Advanced Technique #3: Qualified Personal Residence Trusts (QPR1I') 182 A Simple Technique: Sell the Asset 183 hapter 12 Safeguarding Your Business 187 Mandator Arbitration 188 Noncompetition Agreements 194 Agreements Limiting Theft of' Trade Secrets 198 Chapter 13 Asset Protection for the Disabled and Your Children 203 Asset Protection for Your Children 208 Chapter 14 Final Thoughts 211 Is Asset Protection Ethical? 211 A Final Final Thought: No Magic Bullets 213