exempt Archives

The massive financial reform bill signed by President Obama has a little-known provision that suddenly exempts the Securities and Exchange Commission from the Freedom of Information Act.

Continued here:
Financial reform bill signed by Obama gives SEC a ‘free pass’

The U.S. copyright office issued exemptions to a copyright law, giving legal protection for people who unlock their smartphones like Apple Inc’s iPhone.

See the original post here:
Federal ruling allows ‘jailbreaking’ for Apple’s iPhone users

Some people use offshore trusts or LLCs for asset protection because offshore jurisdictions have shorter statutes of limitations for fraudulent conveyance claims.

View post:
Longer U.S. Statute Of Limitations May Apply To Some Fraudulent Transfers In Offshore Jurisdictions

Can a debtor protect a future legal interest in his primary residence under Florida homestead laws?

Read more here:
Future Interest In Residence Protected From Current Creditors And Bankruptcy Trustee

Exempting wages from garnishment under Florida’s head of household exemption is difficult for self-employed debtors. Business owners of sub-S corporations typically compensate themselves as employees and as owners

Originally posted here:
Bankruptcy Court Denies Wage Exemption By Self-Employed Business Owner

A client asks: ” doesn’t the creditor have to find out if I’m head of household before they garnish my wages.” In other words, is your creditor obligated to check out your exemptions before taking action to collect a judgment? The general answer is: “no.” Florida law does not require a judgment creditor to investigate and negate possible exemptions prior to making attempts to execute upon their judgment. In this clients case the creditor legally can serve a wage garnishment on the employer.

Original post:
Creditors Not Required To Investigate Your Possible Wage Garnishment Exemption

A reader asked me about using a long term care insurance product as an asset protection tool. The reader says that an insurance agent told him about long term care insurance that can be paid up front in a single premium payment. The insured makes a lump sum payment to the insurance company in return for long term care policy for the rest of his life

Read this article:
Single Premium Long Term Care Insurance For Asset Protection

I’ll address two similar client

Debtors who are head of Florida households sometimes have writs of garnishments served on their employers, and Florida debtors that maintain exempt tenants by entireties financial accounts sometimes suffer writs of garnishment against their exempt accounts. These debtors have to explain their exemption to the judgment creditor, or they have to hire an attorney to file a motion to dissolve the writ based on the applicable exemption. Such debtors often ask me whether their judgment creditor prior to serving a garnishment is required to investigate whether the wages or accounts are exempt from garnishment and whether the creditor can serve a garnishment against an asset that could be exempt from garnishment .

View original post here:
Creditor Does Not Have To Investigate In Advance Debtor’s Exemptions From Writs Of Garnishment

I often receive phone calls from out of state resigned that they cannot achieve any of Florida’s asset protection benefits because they do not reside in Florida- not exactly. While it is true that Florida’s statutory creditor protections are specifically limited to Florida residents and Florida homestead presume permanent Florida residence in the house, Florida law does include asset protection available to non-residents, and even to people who have never set foot in Florida. I’m referring to tenants by entireties protection available to a single debtor of a married couple.

Visit link:
Florida Tenants By Entireties Protection Available To Debtors Living Outside Florida (Anywhere In The World)

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