Table of contents for Asset protection / by Robert F. Klueger.


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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



Library of Congress subject headings for this publication: Executions (Law) United States, Fraudulent conveyances United States, Estate planning United States, Debtor and creditor United States, Trusts and trustees United States