Who will Defend your Asset Protection Plan?
What good is an expensive asset protection plan if its creator does not have the resources or experience to defend it? The essential attribute of any plan is its ability to stand up to court scrutiny. Very few asset protection planners also have a skilled in-house litigation capacity; if your plan is attacked, they send you to some outside law firm who has to now understand, interpret, and then translate to a court the intent and meaning of your plan. If your litigators do not have an intimate understanding of the often subtle background elements that give your plan its strength, you will spending a lot of money and sleepless nights as your outside litigation team reinvents the wheel that your asset protection team created.
Having practiced in the arena of financial distress counseling and bankruptcy for these many years gives us a particular insight into the landmines associated with asset protection planning. One does not become truly proficient in the art of assisting those in financial distress without gaining a very clear understanding of the limitations upon which a debtor or prospective debtor can align their financial affairs so as to preserve wealth and value. A good part of our practice involves observing those instances in which people and businesses have unsuccessfully attempted to shelter assets, and understanding better than our opponents the laws involved in fraudulent transfers and proceedings in pursuit of judgment collection. This gives us particular insight into the sustainable defenses that might serve to successfully overcome challenges to such transfers, and special skill in drafting insular asset protection plans.
It is not enough to simply be proficient in creating an asset protection plan. The preparer has to be in in a position to stand behind that plan and to have the skills and resources to defend it. At MFWH, we offer not only the experience, products and resources to enable us to create viable asset protection plans, but also the litigation skills to successfully put our money where our mouth is. We will provide a thorough explanation of the mechanics of any plan and most importantly, we stand behind the plan. If its integrity is challenged, we defend it without cost to our clients.
Feel free to call us today to discuss your needs.