The Asset Protection Law Center

A complete reference source on offshore trusts, family limited partnerships,
limited liability companies and advanced asset protection strategies.


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 Overview
 LLC Case Study:
     Inside and Outside Liability
     LLC vs. Corporation
     LLC vs. Limited Partnership
 The Benefits of the LLC:
     Inside Liability Protection
     Outside Liability Protection
     No Formalities
 Insulating Business Risk
     Case Example #1
     Case Example #2
 Attachments and Liens
     Case Example #1
     Case Example #2
 Tax Treatment of the LLC
 The Family Savings LLC
     Illustration
 The International LLC
 Summary
 Types of Trusts
 Revocable Living Trust
 Delaware Trust
 The APT or Offshore Trust
 Offshore Havens
 Equity Stripping
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The Limited Liability Company > Summary

Summary

In this section, we have discussed major benefits which can be accomplished with the LLC.

First, the LLC can be an important element of a plan that produces an excellent level of asset protection. Lawsuits and claims which are based upon a knowledge of your personal financial matters will be discouraged before they begin. When your assets are held in a protected form, a plaintiff or his lawyer looking for a Deep Pocket Defendant will not find any reachable assets when they investigate you. Since lawyers only sue if they believe they will be able to collect a judgment, using an effective plan will discourage most people from filing a lawsuit against you.

Second, if someone does file a lawsuit, we want to protect your assets from liens and attachments. Pre-judgment attachments are filed during a lawsuit and can freeze your real estate and bank accounts. Without access to funds to pay your personal and business expenses or to defend the case, you are, as they say, dead in the water. You will have no choice except to make a fast and unfavorable settlement-giving the plaintiff all or most of what he wants.

Similarly, a judgment lien will attach to all property that you own. You will be unable to sell, refinance, or collect rents on your property and all accounts will be seized. An asset protection plan will allow you to shield your property from liens and attachments during the lawsuit and after a judgment. Clearly this puts the negotiating chips on your side of the table and provides you with powerful leverage to create a successful result.

Third, Safe Assets such as your home and savings must be protected from the liability that can be caused by Dangerous Assets. There are hundreds of different ways for you to lose the nest-egg that you have put together over many years of work. No matter what you do for a living, it will be hard to save up that money all over again. Sound planning allows you to insulate yourself from the potential liability of a Dangerous Asset. When risk is properly contained in this fashion, you can proceed in the world with confidence that your savings will be secure and available when you need them.


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By Robert J. Mintz (256 pages. Copyright 2003). The most powerful and creative asset protection strategies - with up-to-date legal developments - the latest planning techniques, case law, articles, illustrations and examples. Essential reading for every professional, business owner and potential deep-pocket lawsuit defendant. A $14.95 value on Amazon.

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Disclaimer:

The information provided on this site is provided for illustration purposes only and does not represent a proposal or specific recommendation. As a word of caution, the information presented cannot possibly substitute for competent legal advice. Our treatment of the law is general and is not intended as a comprehensive discussion of all relevant issues. The law in each state will vary to some extent, and the applicability of the law will depend upon your individual circumstances. If you have a particular question about the information presented, you can telephone us at (800) 223-4291 and we will try our best to help you.

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