Asset Protection

Gideon Rothschild (Moses & Singer LLP) has recently published his article entitled Asset Protection Planning – Current Strategies and Pitfalls, 30 Estates, Gifts & Trusts J. 251 (2005).  Here is a description of the article as posted on SSRN:

Although initially intended to impact debtors with mounting credit card debt, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was amended in the final days of debate with a series of provisions aimed at the perceived abuses by those involved in securities frauds. Among the changes are included limitations on the use of homestead exemptions, increases in the fraudulent transfer statute of limitations and self-settled trusts and ‘similar devices’. This article examines the impact of such provisions as well as other developments in asset protection legislation and judicial decisions. The article concludes with suggestions for implementing/modifying asset protection strategies given these recent developments.