What Every Asset Protection Planning Attorney Should Know about Bankruptcy Law

Program Number: 2116

Program Date: 10/13/2011

Description

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 or her counsel when considering whether to voluntarily file for bankruptcy.

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Available in states

Arizona, California, Colorado Eligible, Colorado Homestudy, Florida, Georgia, Missouri, New Jersey Eligible, New York, North Carolina, Texas Self Study

Credit Information

50 minute credit hour - 1.50 General CLE credit
60 minute credit hour - 1.25 General CLE credit

State Program Numbers

CO: 2.0 General Credits; NC: Effective Dates 1/01/2012-12/31/2012, including 1.25 general credits, Sponsor #2721; Course #2

Presenters


Barry S. Engel, Esq.

Engel & Reiman PC

Barry S. Engel, Esq. is a principal in Engel & Reiman pc, a Denver, Colorado-based law firm with an international client base. Mr. Engel, who has been written about and quoted by The Economist, Business Week, ABA Journal, Wall Street Journal, The New York Times and Forbes, among others, is the author of CCH's Asset Protection Planning Guide (2nd Edition), which contains over 650 pages of text and practice tools for the practitioner. For information on the Guide, click on http://www.engelreiman.com/apguide.html. Mr. Engel was one of three principal co-authors of protective trust legislation as enacted by the Parliament of the Cook Islands in 1989, which has served as a model for many other offshore jurisdictions as well as for a number of states in the U.S., and he has also consulted with a number of other foreign jurisdictions regarding similar legislation. From 1993 to 1998, he was President of The Offshore Institute, an Isle of Man (British Isles) based international, multi-disciplinary professional body committed to education and excellence in international and offshore practice and planning, and under his leadership, the membership of the organization grew from under 100 members to over 600 members in 60+ countries. Mr. Engel is a prolific author and speaker, having been published extensively and having lectured to tens of thousands of professionals worldwide over the past 25+ years.

 

Robert Shilliday III, Esq.

Shilliday Law P.C.

Robert Shilliday III, Esq. is a shareholder and director of Shilliday Law, P.C., where his practice focuses on representing both debtors and creditors in Chapter 7, 11, and 13 bankruptcy cases, bankruptcy litigation, business reorganizations, out-of-court workouts, and other insolvency issues. Mr. Shilliday, who previously served as the law clerk for the Honorable Samuel L. Bufford, United States Bankruptcy Court for the Central District of California, during 1993 and 1994, is admitted in California and Colorado and is a member of the American Bankruptcy Institute. He frequently publishes and lectures on bankruptcy and insolvency issues and is a co-author of the Annual Survey of Colorado Law for the Colorado Bar Association.