Creditor Debtor Practice

Jay practices in the area of creditor-debtor law, including both creditor-side judgment enforcement and debtor-side defense. Because of Jay's extensive past experience with asset protection planning, Jay frequently represents creditors in attempting to bust through complex asset protection arrangements, and debtors who have such arrangements. Less frequently, he represents debtors who have cases with interesting technical issues.

Jay served as an American Bar Association Adviser to the drafting committees of the Uniform Voidable Transactions Act (2014) and the Uniform Registration of Canadian Money Judgments Act (2019). He also served as the court-appointed receiver in Pacific Coast Management v. Gaggero and Wynn v. Francis. Jay authored the book The Charging Order Practice Guide (Amer.Bar.Assoc., 2018). He writes frequently on creditor-debtor issues for his column in Forbes.com

Jay's exploits in pursuing the assets of New Times Media LLC (the holding company of the Village Voice companies) have been recounted in two articles:


Related Pages:


Articles On Creditor-Debtor Law Generally



2022.03.17 ... Garnishment Of Non-Party LLC’s Bank Account Disallowed In McLeod

2022.02.27 ... AirTags Used By Creditors? That’s Just The Tip Of The Investigation Iceberg

2022.02.07 ... Is Your California IRA Protected From Creditors? Probably Not.

2022.01.28 ... Georgia Bankruptcy Highlights Issues Relating To The Protection Of Roth IRAs In Hoffman

2021.11.26 ... Post-Claim California Private Retirement Plan To Protect Debtor’s Non-Exempt Assets Held To Be A Sham In Gluck

2021.04.17 ... America’s Homelessness Problem Is About To Get Much Worse As The Eviction Moratorium Ends

2021.02.21 ... Creditor’s Early Motion For A Receiver Gets The Kabosh In Medipro Case

2020.09.19 ... California Increases Homestead Exemption In New Legislation

2020.05.25 ... Mechanics Of Assignment Orders Illuminated In Optronics Technologies

2020.03.16 ... Thoughts On Preparing For The Recession

2020.01.20 ... California Retirement Plan For Asset Protection Purpose Fails To Qualify For Creditor Exemption In O’Brien

2019.10.27 ... Uniform Law Commission Adopts Uniform Registration Of Canadian Money Judgments Act

2019.10.16 ... Co-Located Business In Residence Means Co-Located Receiver In Lacava

2019.06.19 ... Annuity Payments Protected From Creditors In Rensin

2018.06.11 ... Arizona Court Of Appeals Misses With Fraudulent Transfer Opinion For ERISA Contributions In Shah

2018.04.22 ... State And Federal Fraudulent Transfer Law Diverge Over Exempt Property In Vorhes

2017.10.29 ... Extravagant Debtors Lose Their Right To Discharge The Tax Man In Feshbach

2017.09.22 ... Is A Judgment Enforceable On Appeal?

2017.08.09 ... Debtor Cannot Assert Homestead Exemption For Residence Owned By LLC In White

2016.08.28 … Registered Agent Sanctioned $234,983 For Helping Ex-Husband Hide Documents Abroad In Sergeeva

2016.07.24 … Sham Mortgage Loan Flops In Pivaroff

2016.07.17 … Wyly's Private Annuities Not Exempt Under Texas Exemption Law Says Bankruptcy Court

2016.06.12 … How Olins ' Antique Collection Led Him To Prison For Cheating Civil Creditors

2016.04.30 … 529 Savings Accounts Not Exempt In California Under O'Brien

2016.02.28 … Repatriation Order for Offshore Assets Denied in Lewis

2016.02.19 … Scalia's Passing Probably Good News Creditors, Bad News For Debtors

2015.12.28 ... The California Private Retirement Plan: Separating Fact From Fiction

2015.11.12 ... Hiding Assets Offshore To Cheat Ex-Wife Leads To Criminal Conviction Of Dr. Brandner

2015.07.20 ... Investor Control Dooms Private Placement Life Insurance Policy In Webber

2015.05.29 ... The SEC Gets High Living Debtor Sent To Jail In Greenberg

2015.04.11 ... The Amazingly Confusing Life Insurance Exemption From Creditor Claims

2015.02.26 ... Of Drones and Debtors

2014.02.06 ... A Wedding And The Writ Of Ne Exeat Republica

2013.12.08 ... Grossman And The Impossibly Difficult Impossibility Defense

2013.09.30 ... After False Start, The Uniform Asset-Freezing Orders Act Is Now Ready To Roll

2013.03.26 ... New Uniform Asset-Freezing Orders Act Has Rocky Start In Colorado

2012.11.24 ... Florida Enforcement Of Illinois Judgment In Weiss Case Highlights Interstate Enforcement Issue

2012.09.14 ... Of Indian Summer, Shredders, and Trash Pulls

2012.06.23 ... Foreclosure, Deficiency Judgments and the Perils of Anti-Deficiency Statutes

2012.05.20 ... Community Property and Creditor-Debtor Law Explained

2012.03.31 ... Speedway Motorsports: Death Benefit From Life Insurance Survives Creditor's Claim That The Premiums Were The Proceeds Of Fraud

2012.03.17 ... Brandner : Alaska Plastic Surgeon Faces Forfeiture Of $4.656 Million For Undisclosed Offshore Account Used To Attempt To Cheat Ex-Wife

2012.02.16 ... Danielo : California's First Action Rule No Defense Against Home Equity Line Of Credit For Underwater Property

2011.08.14 ... Murphy: Attempts To Dodge Personal Guarantees Means Misery For All Involved


Articles On Alter-Ego And Veil Piercing



2022.02.09 ... How Successor Liability Might Disrupt The Best Laid Plans Of Cyber Ninjas

2021.11.30 ... California Further Extends Reverse Veil Piercing To Multiple-Member LLCs In Blizzard Energy

2021.04.09 ... Temporal Issues In Alter Ego Analysis

2020.11.11 ... California Court Of Appeals Approves Alter Ego Theory To Add Additional Judgment Debtors In Butler

2020.05.24 ... Stop In The Name Of Lien: The IRS Loses Against The Partnership Of Motown Songwriter Edmond Holland, Jr.

2020.01.30 ... Sixth Circuit Punts On Tennessee Reverse Piercing Law In Church Joint Venture Case

2019.11.27 ... Nevada Supreme Court Answers Some Alter Ego Questions Leaves Others Unanswered In Magliarditi

2018.03.26 ... IRS Prevails On Alter Ego Grounds Against Financially-Distressed Companies In Cordes

2017.08.13 ... Reverse Veil Piercing Given New Life In California Against A Delaware LLC In = Curci

2017.06.11 ... Alter Ego Cuts A Broad Swath Against Nevada Entities And Trusts In Transfirst

2014.12.01 ... Single-Member LLC's Veil Pierced In Greenhunter

2012.06.03 ... Webb & Carey: When Control Is Bad -- Receiver Uses Debtors' Controlling Interests In Partnerships To Get At Partnership Assets

2012.05.25 ... Miske : The Innocent General Partner Tagged With Liability For Losses Due To Misdeeds Of Another General Partner

2012.04.30 ... Serio: Corporate Veil Of Single-Member LLC Holds Up In Maryland To Protect Owner In Absence Of Fraud

2012.02.05 ... Martin: The Inherent Dangers Of The Single Member LLC And Alter Ego Veil Piercing

2012.01.14 ... Royal Bank of Canada: Separate Entity Rule Survives As To Restraining Order Served On Manhattan Branch For Debtor's Toronto Accounts

2011.09.30 ... Undercapitalization Again: Owner Of Sole Shareholder Corporation Gets Aced On Veil Piercing Claim At The U.S. Open

2011.08.25 ... KKR, Bruno's, the Fiduciary Shield Doctrine, and the Long Arm of Alabama

2011.08.20 ... Khashoggi: Margin Scheme Leads Personal Liability For True Beneficial Owner Under Alter Ego Theory; Undercapitalization and Domination

2011.08.19 ... Noack: The Single Member LLC, Alter Ego, and Undercapitalization


Articles On Selected Bankruptcy Issues



2021.01.27 ... Warren-Nadler Consumer Bankruptcy Reform Act Portends Biggest Changes To Bankruptcy Code Since 2005

2020.04.06 ... America’s Small Businesses Need Immediately An EZ Chapter 11 Filing Procedure To Flatten The Curve Of Failures From COVID-19

2017.10.29 ... Extravagant Debtors Lose Their Right To Discharge The Tax Man In Feshbach

2017.09.26 ... Consulting With An Asset Protection Attorney Is Proof Of Intent To Defeat Creditors Says 9th Circuit

2014.12.21 ... Bankruptcy Considerations In Asset Protection Planning

2014.10.23 ... Hiding Income In Company Nixes Discharges In Hiett

2014.09.28 ... Third Circuit Resolves Competing Bankruptcy Estates In Allen

2014.07.02 ... Collection South Of The Border Against Seashore Village Held In Fideicomiso Trust

2014.06.12 ... Inherited IRA Not Exempt From Creditors In Bankruptcy, Says Sotomayor

2014.05.26 ... The ‘I Lost It At The Casino’ Defense Fails Again In Tate

2014.04.21 ... Doctor Tries To Cheat Ex-Wife And Impossibility Defense Flops Again In Hissa

2014.03.06 ... Scalia Throws Bankruptcy Surcharging To The Mat

2013.12.28 ... The High-Flying Debtor Gets His Wings Clipped In Newcomer

2013.01.28 ... Marciano - Bankruptcy Debtor Gets Bench Warrant For Contempt After Impossibility Defense Flops

2012.12.30 ... Blixseth - Ninth Circuit Bankruptcy Appellate Panel Rules Nevada Is Proper Venue For Involuntary Bankruptcy Against Former Billionaire Because Holding Companies Formed There

2012.10.31 ... Peake -- Kansas Homestead, Reverse Mortgages and the Perils of 522(p)

2012.08.18 ... Malley: Debtor's Willful Non-Disclosure Of Asset Leads to Surcharge Of A Different Exempt Asset

2012.05.26 ... Wilson: Surcharge Of Debtor's Exempt Property Based On Debtor's Contempt In Refusing To Assist Trustee In Sale Of Property

2012.03.16 ... McGough: Debtors' Charitable Giving Limited To 15% Of Gross Income In Bankruptcy

2012.01.31 ... Gordon: Debtor Asserts Concepts Of Slavery And Peonage To Try To Avoid Chapter 11 Bankruptcy

2011.11.05 ... Tucker: Involuntary Bankruptcy Just Not That Difficult For Creditors

2011.07.24 ... Bankruptcy Opinion In Re Patel Illustrates Why Post-Liability Planning Can Be A Very Bad Idea


Past Speaking Appearances On Creditor-Debtor Issues



2022.03.17 ... Garnishment Of Non-Party LLC’s Bank Account Disallowed In McLeod

2022.02.27 ... AirTags Used By Creditors? That’s Just The Tip Of The Investigation Iceberg

2022.02.07 ... Is Your California IRA Protected From Creditors? Probably Not.

2022.01.28 ... Georgia Bankruptcy Highlights Issues Relating To The Protection Of Roth IRAs In Hoffman

2021.11.26 ... Post-Claim California Private Retirement Plan To Protect Debtor’s Non-Exempt Assets Held To Be A Sham In Gluck

2021.04.17 ... America’s Homelessness Problem Is About To Get Much Worse As The Eviction Moratorium Ends

2021.02.21 ... Creditor’s Early Motion For A Receiver Gets The Kabosh In Medipro Case

2020.09.19 ... California Increases Homestead Exemption In New Legislation

2020.05.25 ... Mechanics Of Assignment Orders Illuminated In Optronics Technologies

2020.03.16 ... Thoughts On Preparing For The Recession

2020.01.20 ... California Retirement Plan For Asset Protection Purpose Fails To Qualify For Creditor Exemption In O’Brien

2019.10.27 ... Uniform Law Commission Adopts Uniform Registration Of Canadian Money Judgments Act

2019.10.16 ... Co-Located Business In Residence Means Co-Located Receiver In Lacava

2019.06.19 ... Annuity Payments Protected From Creditors In Rensin

2018.06.11 ... Arizona Court Of Appeals Misses With Fraudulent Transfer Opinion For ERISA Contributions In Shah

2018.04.22 ... State And Federal Fraudulent Transfer Law Diverge Over Exempt Property In Vorhes

2017.10.29 ... Extravagant Debtors Lose Their Right To Discharge The Tax Man In Feshbach

2017.09.22 ... Is A Judgment Enforceable On Appeal?

2017.08.09 ... Debtor Cannot Assert Homestead Exemption For Residence Owned By LLC In White

2016.08.28 … Registered Agent Sanctioned $234,983 For Helping Ex-Husband Hide Documents Abroad In Sergeeva

2016.07.24 … Sham Mortgage Loan Flops In Pivaroff

2016.07.17 … Wyly's Private Annuities Not Exempt Under Texas Exemption Law Says Bankruptcy Court

2016.06.12 … How Olins ' Antique Collection Led Him To Prison For Cheating Civil Creditors

2016.04.30 … 529 Savings Accounts Not Exempt In California Under O'Brien

2016.02.28 … Repatriation Order for Offshore Assets Denied in Lewis

2016.02.19 … Scalia's Passing Probably Good News Creditors, Bad News For Debtors

2015.12.28 ... The California Private Retirement Plan: Separating Fact From Fiction

2015.11.12 ... Hiding Assets Offshore To Cheat Ex-Wife Leads To Criminal Conviction Of Dr. Brandner

2015.07.20 ... Investor Control Dooms Private Placement Life Insurance Policy In Webber

2015.05.29 ... The SEC Gets High Living Debtor Sent To Jail In Greenberg

2015.04.11 ... The Amazingly Confusing Life Insurance Exemption From Creditor Claims

2015.02.26 ... Of Drones and Debtors

2014.02.06 ... A Wedding And The Writ Of Ne Exeat Republica

2013.12.08 ... Grossman And The Impossibly Difficult Impossibility Defense

2013.09.30 ... After False Start, The Uniform Asset-Freezing Orders Act Is Now Ready To Roll

2013.03.26 ... New Uniform Asset-Freezing Orders Act Has Rocky Start In Colorado

2012.11.24 ... Florida Enforcement Of Illinois Judgment In Weiss Case Highlights Interstate Enforcement Issue

2012.09.14 ... Of Indian Summer, Shredders, and Trash Pulls

2012.06.23 ... Foreclosure, Deficiency Judgments and the Perils of Anti-Deficiency Statutes

2012.05.20 ... Community Property and Creditor-Debtor Law Explained

2012.03.31 ... Speedway Motorsports: Death Benefit From Life Insurance Survives Creditor's Claim That The Premiums Were The Proceeds Of Fraud

2012.03.17 ... Brandner : Alaska Plastic Surgeon Faces Forfeiture Of $4.656 Million For Undisclosed Offshore Account Used To Attempt To Cheat Ex-Wife

2012.02.16 ... Danielo : California's First Action Rule No Defense Against Home Equity Line Of Credit For Underwater Property

2011.08.14 ... Murphy: Attempts To Dodge Personal Guarantees Means Misery For All Involved




© 2022 Jay D. Adkisson. All rights reserved. No part of this website may be copied in whole or in any part without the express written permission of Jay D. Adkisson. Jay is not a legal specialist in any area of practice, and has not been approved as a legal specialist by any state board of legal specialization or similar body. Nothing herein is any advertisement or offer for Jay to practice in any jurisdiction where he is not is licensed to practice law. This website does not give any legal advice or opinion, and is no substitute for the advice and counsel of an attorney consulted in the relevant jurisdiction. Questions about this website should be directed to jay [at] jayad.com, by phone to 702-953-9617 or by fax to 877-698-0678. This website is https://jayadkisson.com