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About Asset Protection
By Shawn Burgy

An important part of high end finances and investment is Assets. An Asset system is a system of legal practices that people use to protect their assets from legal judgments. In effect, a guaranteed Asset Protection system should make one is assets judgment proof. There is personal Asset Protection and business Protection, although it is often found in business, where more money is involved.

The basic principle of Asset Protection is based upon the fact that a person or business that has assets can potentially lose portions of those assets to creditors. When those people and businesses no longer own those assets, they cannot be reached by creditors. That is the goal of asset strategies. There are various Asset Protection strategies that are meant to remove the legal title to a person s or business assets while still allowing all the benefits of those assets.

The best Protection strategy should be enacted before there is really a need for it, but this is not how it usually plays out. After a lawsuit is filed by a creditor, many people can still engage in protection planning. Protection planning may be considered a fraudulent transfer at this point, but there is usually no downside to protection planning, as it can simply be set aside. A person or business in debt to a creditor may have nothing to lose by simple planning.

There are many Asset strategies in the United States. The various asset protection plans are based on the needs of the person or business. The protection system that is best for a specific party will depend on the nature of the asset that is being protected, such as rental real estate, personal residences, bank accounts and retirement plans. The timing of a claim or lawsuit will also decide the best asset protection strategy, as well as the risk adversity of the debtor and the aggressiveness of the creditor.


 
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