What Every Asset Protection Planning Attorney Should Know about Bankruptcy Law
Program Number: 2116
Presenter: Barry S. Engel, Esq., Robert Shilliday III, Esq.
Asset protection lawyers and bankruptcy lawyers are best served by better understanding their respective fields of practice. Asset protection practitioner Barry Engel and bankruptcy practitioner Rob Shilliday combine their areas of expertise to provide listeners with important background and substantive information on how these two worlds mesh and, in some cases, collide. Topics include: (1) an overview of asset protection principles and bankruptcy principles; (2) the use of state versus federal exemptions in the bankruptcy setting, including the last-minute use of exemptions by debtors; (3) whether and when a self-settled spendthrift trust is to be included or excluded from a client’s bankruptcy estate, from both an asset protection perspective and from a bankruptcy perspective; (4) fraudulent transfers and preferences in the bankruptcy setting; (5) criminal provisions of the law that apply only in the bankruptcy setting; (6) how and when a client can be forced into bankruptcy; and (7) practical considerations for a debtor and his