The Impact of Mortensen and other Recent Decisions on the Law on Asset Protection Planning

Program Number: 2161

Program Date: 12/21/2011

Description

In this essential program for lawyers practicing asset protection planning and estate planning law, Barry Engel and John Garland of Engel & Reiman pc discuss and analyze several potentially important new decisions, including:
Mortensen, the much-discussed decision by the United States Bankruptcy Court for the District of Alaska and what it really means;
In re Schwarzkopf, in which the Ninth Circuit Court of Appeals looks at, and applies, principles of fraudulent transfer law and alter ego in the trust context;
Dexia Credit Local v. Rogan, and the civil and criminal lessons to be learned from the case; and
Beaudin, which highlights important legal distinctions between fraudulent transfers on the one hand, and conversions of property from non-exempt to exempt form, on the other.

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Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit
60 minute credit hour - 1.0 General CLE credit

State Program Numbers

Presenters


Barry S. Engel, Esq.

Engel & Reiman PC

Barry S. Engel, Esq. is a principal in Engel & Reiman pc, a Denver, Colorado-based law firm with an international client base. Mr. Engel, who has been written about and quoted by The Economist, Business Week, ABA Journal, Wall Street Journal, The New York Times and Forbes, among others, is the author of CCH's Asset Protection Planning Guide (2nd Edition), which contains over 650 pages of text and practice tools for the practitioner. For information on the Guide, click on http://www.engelreiman.com/apguide.html. Mr. Engel was one of three principal co-authors of protective trust legislation as enacted by the Parliament of the Cook Islands in 1989, which has served as a model for many other offshore jurisdictions as well as for a number of states in the U.S., and he has also consulted with a number of other foreign jurisdictions regarding similar legislation. From 1993 to 1998, he was President of The Offshore Institute, an Isle of Man (British Isles) based international, multi-disciplinary professional body committed to education and excellence in international and offshore practice and planning, and under his leadership, the membership of the organization grew from under 100 members to over 600 members in 60+ countries. Mr. Engel is a prolific author and speaker, having been published extensively and having lectured to tens of thousands of professionals worldwide over the past 25+ years.

 

John R. Garland, Esq.

Engel & Reiman

John R. Garland, Esq., a principal in the firm Engel & Reiman pc, received his Bachelor of Arts degree in Economics, cum laude, from the University of Notre Dame in 1976, his law degree from the Georgetown University Law Center in 1980, and his Master of Laws in Taxation from the University of Denver in 1983. Mr. Garland specializes in estate planning, asset protection planning, and taxation. He frequently speaks to professionals practicing in these areas, and has authored or co-authored a number of articles on related legal topics.