Self-Created Impossibility of Compliance With Bankruptcy Court Orders

Jon Alper Uncategorized

A federal bankruptcy court ordered a debtor to turn over to a bankruptcy trustee money the debtor had received from a property auction. Although initially admitting he received the money, at a subsequent contempt hearing the debtor said the had spent the money so there was nothing left to turn over. The court considered whether the debtor’s inability to return …

Utah Enacts Favorable Asset Protection Trust Statute

Jon Alper Uncategorized

Only a few states have enacted asset protection trust legislation to provide creditor protection through a self-settled irrevocable trust. Those states with domestic asset protection trust (DAPT) statutes compete with one another by maintaining laws that attract investment assets to their state from people seeking asset protection benefits. In 2013, Utah enacted a revised domestic asset protection trust statute that …

Changes May Be Coming To Fraudulent Transfer Statutes

Jon Alper Fraudulent Transfers, Uncategorized

Florida’s fraudulent transfer law is for the most part the enactment of the Uniform Fraudulent Transfer Act. The Uniform act is adopted by most, if not all, states including Florida. On July 16, 2014, the National Conference of Commissioners on Uniform State Laws (NCCUSL) unanimously adopted the Uniform Voidable Transactions Act to replace the Unifrm Fraudulent Transfer Act.

Rehearing Denied: Sargeant Case is Now Law

Jon Alper Uncategorized

I wrote a post about an important Florida appellate decision the restricted a creditor’s ability to go after a debtor’s assets situated anywhere outside Florida. The decision concluded that a creditor could not hold a Florida debtor in contempt of court for his failure to retrieve money and stock held outside the state. The creditors filed motions for rehearing, rehearing …

Presentation At National LLC Seminar

Jon Alper Uncategorized

I will be making a two-hour presentation on May 23, 2014, at a nationally broadcast seminar sponsored by MyLaw CLE. The seminar is titled LLC Drafting Workshop 101. The speech will cover basics of using limited liability companies in business planning and asset protection. I will make my basic LLC forms available to seminar participants, and I will discuss which …

Asset Protection Needed To Deal With Oppressive Lender

Jon Alper Uncategorized

People often ask me why someone with no current debt problems needs asset protection planning. One of the principal reasons is because most people will sometime have to deal with lenders who are both arrogant, condescending, and impossible to deal with. One of my clients recently related his experience with a local mortgage lender called FBC Mortgage of Orlando which …

Defending and Dissolving Wage Garnishment in Florida

Jon Alper Uncategorized

Many callers who have read my website discussions of wage garnishment have learned that Florida law prohibits the garnishment of wages earned by a debtor who is head of household. Many people mistakenly believe the wage garnishment exemption for head of household debtors is automatic.

My Seminar About Asset Protection Basics

Jon Alper Uncategorized

I enjoy teaching asset protection to attorneys entering this practice area. To that end, I presented a basic asset protection CLE class through a OnePath Practice Management Advisors. The seminar is entitled Asset Protection 101, and it  introduces the basics of asset protection law and procedure.