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  • Will You Add? - An Introduction to Asset Protection

    9 Response-Producing Headlines And Why They Worked
    “The purpose of a headline is to pick out people you can interest…For the entire return from an ad depends on attracting the right sort of readers…The best of salesmanship has no chance whatever unless we get a hearing.” - From the timeless classic, Scientific Advertising, by legendary adman Claude HopkinsMake no mistake about it, as a copywriter or marketing professional your ability to write or identify compelling, attention-grabbing headlines that get prospects to read your ads…is one of the most valuable skills you can possess. Because the simple truth of the matter is this: You have absolutely zero chance of closing the sale unless you “get a hearing” with the prospect. So a good headline, an effective headline, should capture and hold the prospect’s attention and give you an opportunity to make your case.How You Can Learn To Write More Effective Headlines Whatever profession you’re in, no matter how good you are, you can become better at it by studying the methods, techniques and mechanics of people who are the best at what they do in your line of work. And this is especially true if your line of work includes writing effective ad copy. There are books and magazine articles aplenty that have word-for-word, picture-for-picture reproductions of highly successful (i
    can lien up his or her own property by increasing the size of an existing mortgage, or by getting a home equity line of credit (HELOC). Most HELOC loan do not require the property owner to ever draw money on the loan, drawing on the HELOC is optional but once the HELOC is in place, it discourages later creditors from pursuing the owner.

    Placing liens on property works similarly well for other assets, such as cars, art collections, business inventories, securities, and a wide range of other assets.

    Asset Protection Through Property Exemptions

    Every state protects certain classes of assets through property exemption statutes. The property exemption statutes serve a dual purpose. First, they denote types and amounts of property that are unreachable by creditors. Second, these statutes also denote types and amounts of property that cannot be lost by a debtor in bankruptcy. A bankruptcy court is a de facto creditor, so a bankruptcy court can only reach what a creditor can reach. This principle applies to homestead laws as well, except for some recent erosion built into the 2005 bankruptcy law revisions. So, good asset protection planning is also effective pre-bankruptcy planning.

    So, the property exemptions are plainly valuable. Again, property exemptions differ widely by state. Texas places the full amount of all IRAs beyond the reach of creditors, while California exempts retirement accounts 'only to the extent necessary to provide for the support of the judgment debtor when the judgment debtor retires and for the support of the spouse and dependents of the judgment debtor.' California's subjective test for retirement account

    Bad Credit Unsecured Loans: Adverse Credit History Is Not A Hurdle
    Human beings are bound to make mistakes, and this fact holds good with loans as well. People make mistakes while repaying loans, which hampers their credit history and becomes a hindrance for them in seeking loans in future.Bad credit history could be anything like arrears, defaults, bankruptcies, County Court Judgements etc. which are against your name.No doubt, bad credit is considered as a hurdle in getting loans. But there are some private lenders, who can provide you bad credit loans. The best way to take a bad credit loan is to apply for it on the Internet. There are many sites which offer or act as an intermediary between the lenders and you, in getting a suitable loan deal, according to your needs and circumstances.You need to apply for these loans online, and you will be contacted by the UK lenders with their loan quotes. You can select the deal according to your personal circumstances. This is a good loan option for them to go for, as it will help you in getting the best deals with the cozy comfort of their home.If you are a tenant, or a homeowner and don’t want to put your home as collateral then you need to opt for unsecured loan option. Bad credit unsecured loans can be
    Asset protection refers to a set of legal techniques that protect a person's property from creditors and judgments. While there have always been protective measures available to persons to protect their assets, there has never been as great an interest in asset protection until recent years. The litigation explosion of the latter part of the last century prompted overwhelming interest in this area. The statistics are overwhelming: Nearly every American business and every American individual will be sued at some point in their life. An even greater number will be threatened with lawsuits. Despite these dismal statistics, only a slim percentage of Americans bother with any asset protection considerations at all. Asset protection planning ranges from simple devices such as transferring assets to a retirement account, to more complex arrangements such as offshore trusts.

    In 1997, a civil judgment entered against celebrity O.J. Simpson in the amount of roughly $33,500,000 in a civil case brought by the family of his former wife and the family of Ron Goldman following their alleged murders by Mr. Simpson. One might think Mr. Simpson's property would have to be relinquished to satisfy this enormous judgment. Yet Mr. Simpson lives in a lavish Florida mansion, and enjoys a steady pension. Sure, some assets have been seized, but the bulk of Mr. Simpson's property remains out of reach of his creditors. In fact, Mr. Simpson has never declared bankruptcy or taken other action to extinguish the liability.

    How is this possible? The answer is that Mr. Simpson arranged his financial affairs in a completely legal manner that left his assets out of the reach of creditors. Florida, his new home state, just so happens to be one of the most advantageous states for asset protection. When asked about his choice of domicile, Mr. Simpson responded in an interview that while he intended to move to Florida anyway, 'an added benefit is some of the laws here in Florida.'

    Asset protection planning can be effected in essentially three ways. The first is divestiture, by which an individual transfers his property to another, either by outright transfer or by having liens or mortgages placed upon the asset. This method relies on the simple truth that a creditor cannot have what a debtor does not own. The second way is through exemption planning, where an individual transfers assets to a statutorily protected class of property, such as residential homestead, life insurance, or an IRA. These classes of protected property vary widely by state. The third way is through the use of liability shielding entities such as corporations and LLCs. Hiding one's assets is not part of responsible or effective asset protection planning. First, it may be against the law, and second, it doesn't work well.

    Themes in Asset Protection

    Several general themes apply in asset protection:

    ●No asset protection plan can ever give anyone 100% protection from creditors; asset protection planning can only shield most of a person's assets from creditors. Some assets will always be exposed.

    ● The proper goal of an asset protection plan is to frustrate creditors by altering the creditor's economic analysis of a lawsuit (by making it more expensive and uncertain for the creditor). In other words, the plan itself doesn't give the protection; how the creditor perceives the plan gives the protection.

    ● Timing is important. An asset protection plan must be put in place well before a creditor or plaintiff emerges. Otherwise, the plan will be exposed as a transparent last-minute effort to thwart creditors.

    ● An effective asset protection plan can be made even more effective by 'layering' applying different legal protections over the same assets.

    ● Compartmentalization is an effective asset protection planning tool. For example, an owner of rental properties (rental properties generally carry a high risk of liability) can place each separate rental property in a separate LLC or corporation. If one property results in liability, a creditor will be forced to pursue liability against only one entity, and will not reach either the owner and her other properties.

    ● A simple asset protection plan is generally more effective than a complex plan.

    How Plaintiffs Think

    The key to asset protection is to step into the mind of the plaintiff. First of all, the plaintiff can't just go around taking a debtor's property until the underlying dispute is heard in court. Only after winning the suit can the plaintiff proceed to the collection phase of his suit. The plaintiff wants a quick, inexpensive trial. After that, the plaintiff wants a quick, inexpensive, and productive collection phase. Lawsuits are economic events and require economic analysis. Only a foolish plaintiff would pursue a case without some certainty of recovery. Asset protection seeks to deter lawsuits by confounding the certainty of a plaintiff's recovery.

    Protecting the Family Home: Homestead and Liens

    For most Americans, the most valuable asset they own is their personal residence. The home offers some of the simplest and most effective asset protection planning. The first device is the homestead. A Homestead is, quite simply, a legal device that protects a person's residence (or a portion of it) from creditors. A judgment creditor cannot levy on the homestead portion of a person's residence. The amount of homestead protection differs widely by state. Texas and Florida offer unlimited homestead protection (unlimited in value, but limited by acreage), while Alabama offers a meager $5,000 homestead exemption for single persons and $10,000 for a married couple. In practice, a creditor attempting to levy on an Alabama residence can reach all the equity (after mortgages and liens) except for the homestead protected amount. In the event of a forced sale of the residence, the ousted creditors would receive the homestead exemption in cash. Homestead protection is afforded automatically in most states, but it's always a good idea to file appropriate papers to claim the homestead.

    In states with low homestead protection, mortgages and liens provide a very effective means of protecting the personal residence. This process is sometimes referred to as 'equity stripping.' A residence with liens on it is essentially owned by the bank. The home's lienholders have priority over subsequent creditors. Any creditors who levy a home with one or more existing liens take a disadvantaged position behind the lienholders. In the event of a sale, the creditor is less likely to get a recovery. A property owner can lien up his or her own property by increasing the size of an existing mortgage, or by getting a home equity line of credit (HELOC). Most HELOC loan do not require the property owner to ever draw money on the loan, drawing on the HELOC is optional but once the HELOC is in place, it discourages later creditors from pursuing the owner.

    Placing liens on property works similarly well for other assets, such as cars, art collections, business inventories, securities, and a wide range of other assets.

    Asset Protection Through Property Exemptions

    Every state protects certain classes of assets through property exemption statutes. The property exemption statutes serve a dual purpose. First, they denote types and amounts of property that are unreachable by creditors. Second, these statutes also denote types and amounts of property that cannot be lost by a debtor in bankruptcy. A bankruptcy court is a de facto creditor, so a bankruptcy court can only reach what a creditor can reach. This principle applies to homestead laws as well, except for some recent erosion built into the 2005 bankruptcy law revisions. So, good asset protection planning is also effective pre-bankruptcy planning.

    So, the property exemptions are plainly valuable. Again, property exemptions differ widely by state. Texas places the full amount of all IRAs beyond the reach of creditors, while California exempts retirement accounts 'only to the extent necessary to provide for the support of the judgment debtor when the judgment debtor retires and for the support of the spouse and dependents of the judgment debtor.' California's subjective test for retirement account

    Small Businesses Owners - Need An Office To Lease But Can't Afford One?
    There are new and existing businesses that need a physical office front, but incurring the expense of leasing an office space can put a strain on their budget. Some businesses are not zoned to run their operations from home and maintaining a professional image is a must. So what do you do about your financial operational dilemma? Try investigating the services of an executive suite.Many areas have executive offices that provide a “Home Office Plan” designed to solve the problem of having a physical office front. These executive suites offer businesses an option, where you pay a nominal fee per month and receive services that are conducive to personally operating your own office.The executive suites monthly fee offers the following services:1. Receptionist: A live receptionist and not an automated operator will professionally answer the phone using your business name, generally during normal business hours. You will need to notify the receptionist when you will be out of town or unavailable. It helps the staff to handle your telephone calls in a professional manner.2. Personal Telephone Number: You receive your personal telephone line, allowing the receptionist to knowingly answer incoming calls with your business name.3. Conference Room: Normally, most home office plans i
    . Florida, his new home state, just so happens to be one of the most advantageous states for asset protection. When asked about his choice of domicile, Mr. Simpson responded in an interview that while he intended to move to Florida anyway, 'an added benefit is some of the laws here in Florida.'

    Asset protection planning can be effected in essentially three ways. The first is divestiture, by which an individual transfers his property to another, either by outright transfer or by having liens or mortgages placed upon the asset. This method relies on the simple truth that a creditor cannot have what a debtor does not own. The second way is through exemption planning, where an individual transfers assets to a statutorily protected class of property, such as residential homestead, life insurance, or an IRA. These classes of protected property vary widely by state. The third way is through the use of liability shielding entities such as corporations and LLCs. Hiding one's assets is not part of responsible or effective asset protection planning. First, it may be against the law, and second, it doesn't work well.

    Themes in Asset Protection

    Several general themes apply in asset protection:

    ●No asset protection plan can ever give anyone 100% protection from creditors; asset protection planning can only shield most of a person's assets from creditors. Some assets will always be exposed.

    ● The proper goal of an asset protection plan is to frustrate creditors by altering the creditor's economic analysis of a lawsuit (by making it more expensive and uncertain for the creditor). In other words, the plan itself doesn't give the protection; how the creditor perceives the plan gives the protection.

    ● Timing is important. An asset protection plan must be put in place well before a creditor or plaintiff emerges. Otherwise, the plan will be exposed as a transparent last-minute effort to thwart creditors.

    ● An effective asset protection plan can be made even more effective by 'layering' applying different legal protections over the same assets.

    ● Compartmentalization is an effective asset protection planning tool. For example, an owner of rental properties (rental properties generally carry a high risk of liability) can place each separate rental property in a separate LLC or corporation. If one property results in liability, a creditor will be forced to pursue liability against only one entity, and will not reach either the owner and her other properties.

    ● A simple asset protection plan is generally more effective than a complex plan.

    How Plaintiffs Think

    The key to asset protection is to step into the mind of the plaintiff. First of all, the plaintiff can't just go around taking a debtor's property until the underlying dispute is heard in court. Only after winning the suit can the plaintiff proceed to the collection phase of his suit. The plaintiff wants a quick, inexpensive trial. After that, the plaintiff wants a quick, inexpensive, and productive collection phase. Lawsuits are economic events and require economic analysis. Only a foolish plaintiff would pursue a case without some certainty of recovery. Asset protection seeks to deter lawsuits by confounding the certainty of a plaintiff's recovery.

    Protecting the Family Home: Homestead and Liens

    For most Americans, the most valuable asset they own is their personal residence. The home offers some of the simplest and most effective asset protection planning. The first device is the homestead. A Homestead is, quite simply, a legal device that protects a person's residence (or a portion of it) from creditors. A judgment creditor cannot levy on the homestead portion of a person's residence. The amount of homestead protection differs widely by state. Texas and Florida offer unlimited homestead protection (unlimited in value, but limited by acreage), while Alabama offers a meager $5,000 homestead exemption for single persons and $10,000 for a married couple. In practice, a creditor attempting to levy on an Alabama residence can reach all the equity (after mortgages and liens) except for the homestead protected amount. In the event of a forced sale of the residence, the ousted creditors would receive the homestead exemption in cash. Homestead protection is afforded automatically in most states, but it's always a good idea to file appropriate papers to claim the homestead.

    In states with low homestead protection, mortgages and liens provide a very effective means of protecting the personal residence. This process is sometimes referred to as 'equity stripping.' A residence with liens on it is essentially owned by the bank. The home's lienholders have priority over subsequent creditors. Any creditors who levy a home with one or more existing liens take a disadvantaged position behind the lienholders. In the event of a sale, the creditor is less likely to get a recovery. A property owner can lien up his or her own property by increasing the size of an existing mortgage, or by getting a home equity line of credit (HELOC). Most HELOC loan do not require the property owner to ever draw money on the loan, drawing on the HELOC is optional but once the HELOC is in place, it discourages later creditors from pursuing the owner.

    Placing liens on property works similarly well for other assets, such as cars, art collections, business inventories, securities, and a wide range of other assets.

    Asset Protection Through Property Exemptions

    Every state protects certain classes of assets through property exemption statutes. The property exemption statutes serve a dual purpose. First, they denote types and amounts of property that are unreachable by creditors. Second, these statutes also denote types and amounts of property that cannot be lost by a debtor in bankruptcy. A bankruptcy court is a de facto creditor, so a bankruptcy court can only reach what a creditor can reach. This principle applies to homestead laws as well, except for some recent erosion built into the 2005 bankruptcy law revisions. So, good asset protection planning is also effective pre-bankruptcy planning.

    So, the property exemptions are plainly valuable. Again, property exemptions differ widely by state. Texas places the full amount of all IRAs beyond the reach of creditors, while California exempts retirement accounts 'only to the extent necessary to provide for the support of the judgment debtor when the judgment debtor retires and for the support of the spouse and dependents of the judgment debtor.' California's subjective test for retirement account

    Web Design 101: Asking Yourself the Important Questions
    There are few things more annoying the online world than arriving at a website and being unable to find what you want or being distracted by some poorly executed design element. Those two things will almost certainly make potential customers move on to another site. But you don’t have to fall victim to those pitfalls of design. By addressing a few simple areas during the planning stages of your site-building endeavour, you will avoid annoying and confusing your visitors!The overriding theme of each of the following areas is usability. Web design is more than just the use of colours and pictures. It’s about creating a site that is intuitive to the average internet user. It’s about creating a site that will satisfy the needs of the customers who visit.First, you need to consider why you are building the site. Without a clear objective, your site will not have a clear direction and will come across as scattered and as if you don’t know what you are doing. It is not the job of the visitor to figure out what the purpose of your site is; it should be immediately apparent. Ask yourself the following: What is the main purpose of the site? Who is my intended audience? Keep the answers to these questions at the forefront of your mind while you are creating your site. Remember, too, that th
    ive the protection; how the creditor perceives the plan gives the protection.

    ● Timing is important. An asset protection plan must be put in place well before a creditor or plaintiff emerges. Otherwise, the plan will be exposed as a transparent last-minute effort to thwart creditors.

    ● An effective asset protection plan can be made even more effective by 'layering' applying different legal protections over the same assets.

    ● Compartmentalization is an effective asset protection planning tool. For example, an owner of rental properties (rental properties generally carry a high risk of liability) can place each separate rental property in a separate LLC or corporation. If one property results in liability, a creditor will be forced to pursue liability against only one entity, and will not reach either the owner and her other properties.

    ● A simple asset protection plan is generally more effective than a complex plan.

    How Plaintiffs Think

    The key to asset protection is to step into the mind of the plaintiff. First of all, the plaintiff can't just go around taking a debtor's property until the underlying dispute is heard in court. Only after winning the suit can the plaintiff proceed to the collection phase of his suit. The plaintiff wants a quick, inexpensive trial. After that, the plaintiff wants a quick, inexpensive, and productive collection phase. Lawsuits are economic events and require economic analysis. Only a foolish plaintiff would pursue a case without some certainty of recovery. Asset protection seeks to deter lawsuits by confounding the certainty of a plaintiff's recovery.

    Protecting the Family Home: Homestead and Liens

    For most Americans, the most valuable asset they own is their personal residence. The home offers some of the simplest and most effective asset protection planning. The first device is the homestead. A Homestead is, quite simply, a legal device that protects a person's residence (or a portion of it) from creditors. A judgment creditor cannot levy on the homestead portion of a person's residence. The amount of homestead protection differs widely by state. Texas and Florida offer unlimited homestead protection (unlimited in value, but limited by acreage), while Alabama offers a meager $5,000 homestead exemption for single persons and $10,000 for a married couple. In practice, a creditor attempting to levy on an Alabama residence can reach all the equity (after mortgages and liens) except for the homestead protected amount. In the event of a forced sale of the residence, the ousted creditors would receive the homestead exemption in cash. Homestead protection is afforded automatically in most states, but it's always a good idea to file appropriate papers to claim the homestead.

    In states with low homestead protection, mortgages and liens provide a very effective means of protecting the personal residence. This process is sometimes referred to as 'equity stripping.' A residence with liens on it is essentially owned by the bank. The home's lienholders have priority over subsequent creditors. Any creditors who levy a home with one or more existing liens take a disadvantaged position behind the lienholders. In the event of a sale, the creditor is less likely to get a recovery. A property owner can lien up his or her own property by increasing the size of an existing mortgage, or by getting a home equity line of credit (HELOC). Most HELOC loan do not require the property owner to ever draw money on the loan, drawing on the HELOC is optional but once the HELOC is in place, it discourages later creditors from pursuing the owner.

    Placing liens on property works similarly well for other assets, such as cars, art collections, business inventories, securities, and a wide range of other assets.

    Asset Protection Through Property Exemptions

    Every state protects certain classes of assets through property exemption statutes. The property exemption statutes serve a dual purpose. First, they denote types and amounts of property that are unreachable by creditors. Second, these statutes also denote types and amounts of property that cannot be lost by a debtor in bankruptcy. A bankruptcy court is a de facto creditor, so a bankruptcy court can only reach what a creditor can reach. This principle applies to homestead laws as well, except for some recent erosion built into the 2005 bankruptcy law revisions. So, good asset protection planning is also effective pre-bankruptcy planning.

    So, the property exemptions are plainly valuable. Again, property exemptions differ widely by state. Texas places the full amount of all IRAs beyond the reach of creditors, while California exempts retirement accounts 'only to the extent necessary to provide for the support of the judgment debtor when the judgment debtor retires and for the support of the spouse and dependents of the judgment debtor.' California's subjective test for retirement account

    Give Yourself A Pay Raise by Reducing Bills
    There's something peculiar about having spare money... it burns a whole in our pockets and we can't wait to spend it on something, and often it's on something we simply don't need. We merely desire it. But when times are bad, it's a burden to continue paying those bills. Here are the Top 7 tips to reduce unnecessary bills: 1) There's no roam at home. Do you really need a cell phone? If so, it's doubtful you need the fancy ringtones you've been downloading for 99 cents a pop. Itemize your cell phone bill, and see what you can eliminate and where you've been wasting money. If you pay per call, use your cell phone only for dire situations, not for idle chit-chat. 2) Was that trip necessary? Make every trip count to save gas and reduce vehicle wear-and-tear. Consolidate your errands so you can take care of more than one task. For example, schedule your grocery shopping on the same day/time you pickup your prescription medicine. 3) The good old days. Remember long ago when your mother hung clothes out to dry? Believe it or not, solar drying still works. Since natural drying won't remove lint or wrinkles the way a dryer does, you can still dry clothing such as undergarments on a clothes line. Don't forget about natural sunlight to illuminate your home instead of using
    >Protecting the Family Home: Homestead and Liens

    For most Americans, the most valuable asset they own is their personal residence. The home offers some of the simplest and most effective asset protection planning. The first device is the homestead. A Homestead is, quite simply, a legal device that protects a person's residence (or a portion of it) from creditors. A judgment creditor cannot levy on the homestead portion of a person's residence. The amount of homestead protection differs widely by state. Texas and Florida offer unlimited homestead protection (unlimited in value, but limited by acreage), while Alabama offers a meager $5,000 homestead exemption for single persons and $10,000 for a married couple. In practice, a creditor attempting to levy on an Alabama residence can reach all the equity (after mortgages and liens) except for the homestead protected amount. In the event of a forced sale of the residence, the ousted creditors would receive the homestead exemption in cash. Homestead protection is afforded automatically in most states, but it's always a good idea to file appropriate papers to claim the homestead.

    In states with low homestead protection, mortgages and liens provide a very effective means of protecting the personal residence. This process is sometimes referred to as 'equity stripping.' A residence with liens on it is essentially owned by the bank. The home's lienholders have priority over subsequent creditors. Any creditors who levy a home with one or more existing liens take a disadvantaged position behind the lienholders. In the event of a sale, the creditor is less likely to get a recovery. A property owner can lien up his or her own property by increasing the size of an existing mortgage, or by getting a home equity line of credit (HELOC). Most HELOC loan do not require the property owner to ever draw money on the loan, drawing on the HELOC is optional but once the HELOC is in place, it discourages later creditors from pursuing the owner.

    Placing liens on property works similarly well for other assets, such as cars, art collections, business inventories, securities, and a wide range of other assets.

    Asset Protection Through Property Exemptions

    Every state protects certain classes of assets through property exemption statutes. The property exemption statutes serve a dual purpose. First, they denote types and amounts of property that are unreachable by creditors. Second, these statutes also denote types and amounts of property that cannot be lost by a debtor in bankruptcy. A bankruptcy court is a de facto creditor, so a bankruptcy court can only reach what a creditor can reach. This principle applies to homestead laws as well, except for some recent erosion built into the 2005 bankruptcy law revisions. So, good asset protection planning is also effective pre-bankruptcy planning.

    So, the property exemptions are plainly valuable. Again, property exemptions differ widely by state. Texas places the full amount of all IRAs beyond the reach of creditors, while California exempts retirement accounts 'only to the extent necessary to provide for the support of the judgment debtor when the judgment debtor retires and for the support of the spouse and dependents of the judgment debtor.' California's subjective test for retirement account

    Brain Dead at the Very Idea of Meeting? Use Mind Maps to Inject Life and Creativity to Meetings
    Meetings are indeed an indispensable aspect of a business operation as much as in many other activities. The rising number of conferences, seminars and expositions stand testimony to the need for bringing groups of people together for intellectual exchange of ideas, business issues, information, and a host of other reasons. In a highly globalized world, meetings indeed have become the order of the day.Whatever be the nature of meetings, they all call for adequate preparation and astute leadership. You have to give sufficient time to the participants of a meeting before it is convened. After a meeting time and place are decided, work clearly on the agenda of the meeting. Write down the objectives of the meeting and plan on the decided course for the meeting.Once the structure of the meting is outlined, you have to choose the relevant participants for the meeting. You have to ensure that only pertinent managers, contributors, decision-makers and performers need to be included in the meeting. After finalizing the entire scheme of the meeting, send the appropriate details of the place, date, agenda and goals of the meeting. This will help the participants to prepare for the meeting and if need be, give their inputs before the meeting so they be included in the agenda.The next step i
    can lien up his or her own property by increasing the size of an existing mortgage, or by getting a home equity line of credit (HELOC). Most HELOC loan do not require the property owner to ever draw money on the loan, drawing on the HELOC is optional but once the HELOC is in place, it discourages later creditors from pursuing the owner.

    Placing liens on property works similarly well for other assets, such as cars, art collections, business inventories, securities, and a wide range of other assets.

    Asset Protection Through Property Exemptions

    Every state protects certain classes of assets through property exemption statutes. The property exemption statutes serve a dual purpose. First, they denote types and amounts of property that are unreachable by creditors. Second, these statutes also denote types and amounts of property that cannot be lost by a debtor in bankruptcy. A bankruptcy court is a de facto creditor, so a bankruptcy court can only reach what a creditor can reach. This principle applies to homestead laws as well, except for some recent erosion built into the 2005 bankruptcy law revisions. So, good asset protection planning is also effective pre-bankruptcy planning.

    So, the property exemptions are plainly valuable. Again, property exemptions differ widely by state. Texas places the full amount of all IRAs beyond the reach of creditors, while California exempts retirement accounts 'only to the extent necessary to provide for the support of the judgment debtor when the judgment debtor retires and for the support of the spouse and dependents of the judgment debtor.' California's subjective test for retirement account exemption results in frequent disputes. Florida exempts an automobile of up to only $1,000 in value, while Texas exempts one automobile of unlimited value per spouse. Florida and Texas exempt wages from garnishment, which most states do not.

    The property exemptions also contain some historical oddities. Texas' generous property exemptions include 'two horses, mules, or donkeys and a saddle, blanket, and bridle for each; 12 head of cattle; 60 head of other types of livestock; and 120 fowl.'

    In order to take advantage of the property exemptions, one must first investigate the property exemption statutes in one's state of residence this state's property exemption statutes will govern. Property exemption planning is simply the process of transferring non-exempt property into exempt property. The simplest and most common example is to arrange and select the most appropriate retirement account. Moving cash into an IRA in most states will shield the asset from creditors. In other states, certain types of retirement accounts are more protected by others. Property exemption planning also means avoiding property transfers that expose protected assets. There have been cases where uniformed debtors cashed out their pensions (pensions are fully asset protected by federal law) and moved the proceeds into non-exempt assets, thereby exposing the asset to creditors.

    Asset Protection Through Liability Shielding Entities

    Nearly all business owners can protect their personal assets by conducting their business operations through a liability shielding entity, a corporation or LLC. Both forms of entity serve the same liability shielding purpose. LLCs and corporations serve the specific purpose of isolating the liabilities of a business enterprise with the entity. This approach should always be the business owner's first line of defense in protecting their personal property. A liability arising out of the corporation's operation attaches to the corporation only, and cannot reach the owner's or owners' property. Of course, extreme misuse of the corporate or LLC form can erode that liability protection.

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