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Article Written for:  Estate Planning

A limited liability company can provide greater protection from creditors than the corporate form of entity, but LLC statutes differ among the states.

Published in Publications

Article Written for:  Florida Bar Journal

An often overlooked, but essential component of asset-protection planning is making a careful assessment of a client’s financial status. Although timing is generally considered the most critical element of asset protection, due consideration must be given to both the value of assets exchanged and the effect of plan implementation on one’s balance sheet.

Published in Publications

Article written for:  BizJournals.com

Effective asset protection requires the strategic use of several legal components. These include the transfer of assets to protective structures (such as limited liability companies and trusts), proper allocation of legally protected assets, insurance and proper titling of assets to maximize legal exemptions from claims. Proper structuring insulates assets against claims from future, unknown creditors.
Published in Publications

Article written for:  Orlando Regional Realtor Association

One advantage of purchasing a home in Florida is the homestead protection guaranteed by the Florida Constitution. Provided certain requirements relating to property features and ownership are satisfied, any principal residence in Florida is generally protected from forced sale without regard to value. Exceptions exist for the foreclosure of mortgages, construction liens, and tax liabilities but otherwise, whether a client owns a modest abode or a beachfront mansion, the equity is generally protected against creditors.

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Article Written for:  BizJournals.com

As the story goes, John D. Rockefeller was getting his shoes shined when the shoeshine boy, not knowing whose shoes he was shining, started offering stock tips.That was Rockefeller’s cue to turn bearish on the stock market. "Secret" tips lose their efficacy when no longer secret. While speaking at a recent seminar, we received several questions from CPAs and financial professionals about the use of Delaware bank accounts to protect cash. The questions reflect a national trend to use Delaware accounts for "asset protection."

Published in Publications
Friday, 31 July 2015 00:00

The Uniform Voidable Transactions Act

Article written for:  ABA Property and Probate

The Uniform Voidable Transactions Act (UVTA) was recently adopted by the Uniform Law Commission (Commission) as the successor to the Uniform Fraudulent Transfer Act (UFTA). UFTA was itself an update of its predecessor, the Uniform Fraudulent Conveyance Act (UFCA).  UFCA was revised to conform the Act to the Bankruptcy Reform Act of 1978. UVTA resolves several “narrowly-defined issues.” UVTA Prefatory Note 5 (2014).
Published in Publications

Article written for:  Accounting Today 

Limited liability companies have become the entity of choice for small business owners and are commonly utilized by professionals in asset protection planning.
Choosing to use the LLC over (for example) a corporation may be prudent but raises the question of where to form the LLC. There are several factors to consider in deciding where to establish the entity. Picking the right LLC jurisdiction may be as important as the decision to use an LLC.

Published in Publications

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Our mission is to serve as a resource for complex domestic and international business transactions, tax, asset protection, technology and healthcare counsel, and related litigation.

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Forster Boughman & Lefkowitz
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Orlando (Maitland), Florida  32751


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