Jonathan Alper uses Florida Asset Protection Blog to provide insight and commentary on Florida asset protection law and planning, with posts are based on real experiences in his legal practice.
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A caller was concerned that his IRA funds held as his bank’s brokerage department are not protected against an outstanding judgment because of a “set off” provision of the bank’s depositor agreement. The agreement states that “to the extent permitted by...
Many people are motivated to contact be because a creditor served a Florida writ of garnishment on their employer or bank account. One of their first questions is : “what should I do about the garnishment?” I am going to take this opportunity to provide a short, general answer to...
In another example of bank’s becoming cooperative in mortgage modifications for primary residences, an attorney colleague told me this week that one of his clients was offered a substantial principal reduction as part of a deal keep the client in his home. The bank foreclosed, and the...
Tenants by entireties property in Florida is exempt from individual debts of either spouse. It makes no difference if the debtor is a Florida resident or an out-of-state resident with property located in Florida. From time to time I advise Florida clients who own real property or other assets in...
A new client this week wanted help to deal tieh a money judgment against him in favor of the U.S. Securities and Exchange Commission. The client’s main assets were a Florida homestead and a company pension. He is a salaried employee and supports his spouse and children. I have...
A reader asks an interesting question about tenants by entireties protection: does tenants by entireties protection apply to marketable securities held in a Florida brokerage account where one of the spouses is a permanent Florida resident and the other spouse resides outside...
Your homestead property is exempt as long as you intend to maintain the property as your permanent residence. When a homestead owner files bankruptcy he must declare his future intention regarding his homestead property and mortgage. The debtor must declare if he intends to reaffirm the...
Are mortgage lenders finally “getting it?” Since the beginning of the housing crash so many homeowners have expressed to me their frustration trying to work with their mortgage company to arrange a reasonable short sale of their real estate. These homeowners could not comprehend...
If other attorneys call me with questions I conclude that many laymen have the same question. A California attorney called today to inquire about his mother’s situation in Florida. His mother owns an upside down condo in Florida. She is elderly and ill. The mother’s biggest asset...
Bankruptcy Court Says No Claims Permitted For Conspiracy or Aiding And Abetting Fraudulent Transfers
A recent bankruptcy court decision addressed the issue of whether people who assist a debtor’s pre-bankruptcy fraudulent transfers can be held liable for damages in the bankruptcy proceeding. In this case, a trustee hired to liquidate debtor property filed a complaint pursuant to...