Jay Adkisson Articles Books

Jay Adkisson Attorney — Author


Jay Adkisson is a popular book author and regular contributor to Forbes.com -- An archive of Jay's column for Forbes™ can be found by clicking here and a list of his articles follows:












Most Recent Articles



2020.06.30 ... Attorney Fees Held Awardable Under Nevada Fraudulent Transfer Law In Morgan Stanley Opinion


2020.06.24 ... The U.S. Department Of Justice Files Suit To Enforce An IRS Summons Against The Delaware Department Of Insurance For Artex Transactions


2020.06.20 ... Payment Of Distributions Directly To Creditor Holding A Charging Order Deemed Appropriate In BMO Case


2020.06.11 ... Bank That Was Financially Involved With Debtor Gets Caught Up In Fraudulent Transfer Case In Wilson


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


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


2020.05.21 ... Utah Supreme Court Rejects Mixed Motive Test For Intentional Fraudulent Transfers In Jones Case


2020.05.19 ... Coronavirus Pandemic Threatens Run On Business Interruption Policies Sold By Captive Insurance Risk Pools



Past Articles


Alter Ego and Veil-Piercing


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

2014.12.1 ... Single-Member LLC's Veil Pierced In Greenhunter

2012.6.3 ... Webb & Carey: When Control Is Bad -- Receiver Uses Debtors' Controlling Interests In Partnerships To Get At Partnership Assets

2012.5.25 ... Miske: The Innocent General Partner Tagged With Liability For Losses Due To Misdeeds Of Another General Partner

2012.4.30 ... Serio: Corporate Veil Of Single-Member LLC Holds Up In Maryland To Protect Owner In Absence Of Fraud

2012.2.5 ... Martin: The Inherent Dangers Of The Single Member LLC And Alter Ego Veil Piercing

2012.1.14 ... Royal Bank of Canada: Separate Entity Rule Survives As To Restraining Order Served On Manhattan Branch For Debtor's Toronto Accounts

2011.9.30 ... Undercapitalization Again: Owner Of Sole Shareholder Corporation Gets Aced On Veil Piercing Claim At The U.S. Open

2011.8.25 ... KKR, Bruno's, the Fiduciary Shield Doctrine, and the Long Arm of Alabama

2011.8.20 ... Khashoggi: Margin Scheme Leads Personal Liability For True Beneficial Owner Under Alter Ego Theory; Undercapitalization and Domination

2011.8.19 ... Noack: The Single Member LLC, Alter Ego, and Undercapitalization




2017.10.31 ... Anti-SLAPP Statutory Oddities

2017.01.13 ... Minnesota Court Of Appeals Boots Clear And Convincing Anti-SLAPP Burden Of Proof

2015.8.29 ... A Call For A Uniform Anti-SLAPP Act


Asset Protection Generally


2019.01.06 ... Personal Guarantees Are A Financial Noose That Can And Will Cause Financial Death

2018.12.31 ... Note Substitution For Trust Property Invalidated As A Fraudulent Transfer In Morales

2018.01.16 ... Asset Protection Year In Review 2017

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

2016.1.12 … The Asset Protection Year In Review 2015

2015.6.28 ... The Corporation Sole Scam - Still Going Strong

2015.1.13 ... Secrecy Does Not An Asset Protection Plan Make

2014.5.3 ... The Asset Protection Kit Scam Continues To Lure Suckers

2014.12.31 ... The Asset Protection Year in Review 2014

2013.6.27 ... Before Marriage, Same Sex Couples Need Prenupts

2013.3.31 ... Bill 'Bulletproof A$$et Protection' Reed's Complex Plan Pierced By Nominee And Alter Ego Theories

2013.2.27 ... Asset Protection Planning In Anticipation Of Medicaid Fails In Woodworth Case

2012.1.30 ... In Naming Trusts And Entities, Quit Using The Client's Name!

2011.10.30 ... Hot New Do-Nothing Strategy Draws Attention In Asset Protection Planning As Being 99% Effective

2011.10.21 ... Peter Rogan And Attorney Fred Cuppy Indicted For Post-Claim Asset Protection Planning - Attorney Sued For Civil RICO - Trust Held Alter Ego Of Settlor

2011.10.1 ... The Washington Woes Of Michael Mastro And Friends

2011.8.24 ... Why Do Creditors Win In Most Of The Reported Asset Protection Cases?

2011.7.31 ... Ten Rules For Asset Protection Planning




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

2014.9.28 ... Third Circuit Resolves Competing Bankruptcy Estates In Allen

2014.7.2 ... Collection South Of The Border Against Seashore Village Held In Fideicomiso Trust

2014.6.12 ... Inherited IRA Not Exempt From Creditors In Bankruptcy, Says Sotomayor

2014.5.26 ... The ‘I Lost It At The Casino’ Defense Fails Again In Tate

2014.4.21 ... Doctor Tries To Cheat Ex-Wife And Impossibility Defense Flops Again In Hissa

2014.3.6 ... Scalia Throws Bankruptcy Surcharging To The Mat

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

2013.1.28 ... 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)

2012.8.18 ... Malley: Debtor's Willful Non-Disclosure Of Asset Leads to Surcharge Of A Different Exempt Asset

2012.5.26 ... Wilson: Surcharge Of Debtor's Exempt Property Based On Debtor's Contempt In Refusing To Assist Trustee In Sale Of Property

2012.3.16 ... McGough: Debtors' Charitable Giving Limited To 15% Of Gross Income In Bankruptcy

2012.1.31 ... Gordon: Debtor Asserts Concepts Of Slavery And Peonage To Try To Avoid Chapter 11 Bankruptcy

2011.11.5 ... Tucker: Involuntary Bankruptcy Just Not That Difficult For Creditors

2011.7.24 ... Bankruptcy Opinion In Re Patel Illustrates Why Post-Liability Planning Can Be A Very Bad Idea


Business Entities Generally


2016.6.21 … The Incorporation Transparency and Law Enforcement Assistance Act Takes On Anonymous U.S. Entities

2016.5.15 … Customer Due Diligence Final Rule Announced By Treasury

2014.4.12 ... Florida Says No Turnover Orders Against Foreign Assets In Sargent

2013.11.30 ... Protecting The Downstream Entities Against The Upstream Ones: Huber II


Captive Insurance


2020.06.24 ... The U.S. Department Of Justice Files Suit To Enforce An IRS Summons Against The Delaware Department Of Insurance For Artex Transactions

2020.05.19 ... Coronavirus Pandemic Threatens Run On Business Interruption Policies Sold By Captive Insurance Risk Pools

2020.04.17 ... Coronavirus Pandemic Will Not Slow Down IRS’s Pursuit Of Microcaptive And Syndicated Conservation Easement Transactions Says LB&I Memo

2020.02.04 ...The IRS Strikes A Rich Seam Of Tax And Penalty Gold In Risk-Pooled 831(b) Captives And Is Sending In More Miners

2019.12.31 ... The Next Generation Captive Insurance Tax Shelter Explained

2019.12.05 ... Bitter Coffee: Starbucks Squabbles With The Washington Insurance Commissioner Over $633 Million Paid To Its Captive Insurance Company

2019.11.17 ... IRS Suggests Criminal Referrals To Be Made In Abusive 831(b) Captive Tax Shelter Cases

2019.09.28 ... Johnson & Johnson Wins Appeal On $60 Million Tax Case To New Jersey For Captive Insurance Company

2019.09.26 ... Understanding The IRS Settlement Initiative Offer For Targeted 831(b) Captive Insurance Companies

2019.09.16 ... IRS Announces Global Settlement Of Abusive 831(b) Captive Insurance Tax Shelters

2019.08.08 ... Artex Defeats Attempt To Form Class Action And Forces Individual Arbitration Of Captive Disputes

2019.07.04 ... Second Class Action Against A Risk-Pooled 831(b) Captive Promoter Roils Sector

2019.05.28 ... New York Denies Stewart's Shops Deduction For Premiums Paid To Its Captive Insurance Company

2019.05.23 ... Sixth Circuit Also Gives CIC Services Thumbs-Down On IRS Notice 2016-66 Challenge

2019.04.23 ... Third US Tax Court Opinion Denies Deductions For Risk-Pooled 831(b) Captive Arrangement In Syzygy

2019.03.29 ... Macy’s Captive Insurance Company Faces Potential $23.8 Million In Maryland Corporate Tax Liability

2018.12.20 ... Class Action Targets Arthur J. Gallagher & Co. Over Captive Insurance Tax Shelter

2018.09.05 ... Whistleblower Yanks Back Rug To Expose Alleged Dirt Of Moody's Captive Insurance Company

2018.07.28 ... Johnson & Johnson Loses $60 Million Case To New Jersey For Captive Insurance Company

2018.06.25 ... Analysis Of The IRS's Big Win Against Risk-Pooled Small Captives In Reserve Mechanical

2018.06.19 ... Capstone's PoolRe Fails To Provide Risk Distribution In Reserve Mechanical Captive Insurance Case

2018.05.27 ... Washington State Goes After Microsoft's Captive For Unpaid Premium Taxes And Unauthorized Insurance

2018.01.27 ... Beware The Puerto Rico Captive Insurance Tax Shelter

2017.11.17 ... Avrahamis' Motion For Reconsideration Rolls Snake-Eyes In U.S. Tax Court

2017.11.04 ... Court Pours Out Lawsuit By CIC Services, LLC, And Ryan, LLC, To Stop Notice 2016-66

2017.10.19 ... Foster & Dunhill Saga Ends With Convictions And Donaldson Claiming To Be Too Fat To Jail

2017.10.11 ... Risk-Pooled 831(b) Captive Insurance Companies And Bad Practices Take A Beating In Avrahami

2017.09.30 ... Avrahamis' Captive Manager Apparently Calling It Quits After Decision

017.08.21 ... IRS Notches Big Tax Court Win On 831(b) Captive Insurance In Avrahami Decision

2017.11.17 ... Avrahamis' Motion For Reconsideration Rolls Snake-Eyes In U.S. Tax Court

2017.11.04 ... Court Pours Out Lawsuit By CIC Services, LLC, And Ryan, LLC, To Stop Notice 2016-66

2017.10.19 ... Foster & Dunhill Saga Ends With Convictions And Donaldson Claiming To Be Too Fat To Jail

2017.10.11 ... Risk-Pooled 831(b) Captive Insurance Companies And Bad Practices Take A Beating In Avrahami

2017.09.30 ... Avrahamis' Captive Manager Apparently Calling It Quits After Decision

2017.07.19 ... Donaldson And Crithfield Found Guilty In Foster Dunhill Offshore Insurance Tax Evasion Case

2017.06.25 ... Beware The Insane New Offshore Insurance Company Deals Sold By Some 831(b) Captive Managers

2017.04.23 ... Last Gasp Attempt To Stop Notice 2016-66 Fails, May 1 Filing Deadline Approaches Quickly

2016.12.31 ... IRS Extends Deadline For Compliance With Notice 2016-66 For 831(b) Captives To May 1, 2017

2016.11.16 ... A Detailed Analysis of IRS Notice 2016-66 re 831(b) Captives

2016.11.13 ... Pretrial Memoranda Filed In Wilson 831(b) Captive Case Display IRS Attacks and Taxpayer Responses

2016.11.08 ... IRS Notice 2016-66 Regarding 831(b) Captive Insurance Companies Interpreted In Common English

2016.11.1 ... IRS Categorizes Certain 831(b) Captive Insurance Companies As A "Transaction Of Interest"

2016.11.16 ... A Detailed Analysis of IRS Notice 2016-66 re 831(b) Captives

2016.11.13 ... Pretrial Memoranda Filed In Wilson 831(b) Captive Case Display IRS Attacks and Taxpayer Responses

2016.11.08 ... IRS Notice 2016-66 Regarding 831(b) Captive Insurance Companies Interpreted In Common English

2016.9.29 ... Not All Captive Insurance Risk Pools Are Created Equally

2016.3.3 … Happy 75th Birthday to Helvering v. Le Gierse

2015.12.19 ... Congress Makes 831(b) Captives Much Better And Deals With (Some) Abuses In 2015 Appropriations Bill

2015.12.8 ... 2015 Extender Bill May Throw Out 831(b) Captive Baby With The Bathwater

2015.11.29 ... The Sum Of All Fears About IRC 831(b) Tax Shelter Captives In Avrahami

2015.9.27 ... Residual Value Insurance Scores Big Win In U.S. Tax Court

2015.8.12 ... Donaldson And Crithfield Enter Guilty Pleas In Foster Dunhill Tax Fraud Case

2015.6.11 Treasury To Study Possible Abuses Of Small Captive Insurance Companies

2014.11.1 ... Securitas Secures Big Win For Captive Insurance In U.S. Tax Court

2014.9.18 ... IRS Launches Promoter Audits Of Captive Managers Suspected Of Abusive Practices

2014.4.20 ... Life Insurance and the 831(b) Captive Insurance Company – Wait For The Test Case Before Signing Up

2014.3.27 ... The IRS Discloses The 953(d) Trapdoor For Offshore Captives

2014.3.17 ... IRS Noose Starting To Tighten On Sham Risk Pools

2014.2.21 ... Rent-A-Center Creates A Captive Insurance Legacy In Tax Court

2013.11.16 ... Cell Captives And The Recycling Of Capital

2013.9.28 ... Manager Complaints Bubble To Surface Regarding Delaware Captive Insurance Companies

2013.9.21 ... IRS Filling The Pipeline With Captive Insurance Cases And Focusing On Dubious Practices

2013.8.10 ... Ten Favorite Things About Captive Insurance Companies

2013.7.28 ... Tax Shelters, Nebraska Hurricanes And Other Captive Insurance Mistakes

2013.6.23 ... Foster and Dunhill Scheme Ends In Denial Of Deductions And Indictments For Bogus Insurance Tax Shelter

2013.6.9 ... Texas Adopts Captive Insurance Legislation But Beware

2012.8.31 ... Broughton -- Rented Assets And Bogus Offshore Insurance Companies

2012.2.9 ... Sperl: Offshore Reinsurance Scheme And Other Tax Evasion Nets Accountant 36 Months

2011.9.24 ... 'Tis The Season For Tax Shelters, Fa La La La La And Grab Your Wallet


Charging Orders


2020.06.20 ... Payment Of Distributions Directly To Creditor Holding A Charging Order Deemed Appropriate In BMO Case

2020.04.30 ... Charging Order Denied For Lack Of Proof Of The Debtor's Interest In Dhillon

2020.02.29 ... Florida Charging Order Requires Distributions To Be Re-Directed To The Creditor In Kostoglou

2019.11.24 ... Imputed Distributions To Evade Charging Order Result In Receiver And Sale Of Assets In Earthgrains

2019.06.24 ... Charging Order Protection Backfires At Judicial Sale In Preservation Holdings

2019.04.27 ... Iowa Supreme Court Serves Up A Shoddy Charging Order Opinion In Retterath

2019.03.19 ... Million Dollar Quartet Leads To Lien Priority Dispute Involving Charging Order

2019.02.18 ... Florida Order Awarding LLC Interest To Creditor Reversed In Pansky

2018.09.29 ... Morgan Stanley Uses Charging Order As An Entree To Appointment Of Receiver

2018.09.16 ... Debtor's Access To LLC Assets For His Personal Purposes Leads To Turnover Order In Golfwood Square

2018.07.30 ... Judicial Foreclosure Of An Alleged Single-Member Florida LLC Fails In Saadi

2018.05.31 ... LLC Manager's Fiduciary Duty Possibly Breached By Not Making A Distribution To Creditor In Garcia

2018.04.22 ... Creditor Fails To Prove Up Contempt For Violating Charging Order In SE Property

2018.03.22 ... Charging Orders Against Out-Of-State LLCs Clarified In German American Capital Opinion

2018.02.22 ... Ancillary Provisions In Charging Orders Illuminated In Law

2017.12.17 ... Charging Order Priority Makes For A Mess In Florida In Capstone Bank Case

2017.11.23 ... FDCPA Overrides State Law Limitations Period And Charging Order Exclusivity In Wilhite

2017.11.23 ... Charging Order Not Exclusive Remedy For SMLLC Interest In Heckert

2017.07.29 ... Federal Court Whiffs On Analysis But Gets Charging Order Right Anyway In Peach REO

2017.06.29 ... Colorado Supreme Court Affirms McClure Charging Order Decision And Causes Split With Other States

2017.05.22 ... A Charging Order A Day Keeps The Receiver Away In Pajooh

2016.12.16 ... Charging Order Gives Creditor Priority Claim To Defeat A Receiver In Detroit Memorial

2016.9.3 … Charging Order Exclusivity Proves To Be Not So Exclusive In DeVoll

2016.6.14 … Bad Facts Make For Bad Charging Order Law In Arayos

2016.5.30 … Tennessee Charging Order Not An Appealable Final Judgment (Just Yet) In Rogers Group

2016.5.22 … LLC Distributions Arising From The Debtor's Labors Subject To 25% Earnings Exemption In Alexander

2016.2.21 … Does A Charging Order Lien Survive The Expiration Of The Judgment? Estate of Metzner

2016.2.13 … Charging Orders, Jurisdiction, And The Non-Party Debtor In Spates

2015.10.18 ... Charging Order Procedural Issues Confronted in Textron Financial

2015.10.14 ... Charging Order Jurisdictional And Foreign LLC Issues Become Clearer In Vision Marketing

2015.9.19 ... EarthGrains Turns Up The Heat With Utah Charging Order Against Nevada LLC

2015.8.26 ... Questionable Charging Order Priority Decision In Chase Bank Case

2015.6.20 ... The LLC Member In Bankruptcy: Ehmann And Its Progeny

2015.3.29 ... The MacDaddy Of All Intra-Member Charging Order Versus Levy Disputes In Voll

2015.2.21 ... Mahalo To Charging Order Issued Against Interests In Out-Of-State Non-Party LLCs

2015.2.18 ... Florida Charging Order Foreclosure Of A Nevis LLC In Barber

2014.12.19 ... Denman Creates Confusion For Bankrupt Debtor's Interest In LLC

2014.10.6 ... Albright Relief Applied To Personal Services LLC In Re Cleveland

2014.6.21 ... The Charging Order Is Wear It’s At, LLC, In Intra-Member Dispute

2014.2.27 ... Connecticut Court Shanghais Out-Of-State LLCs With Charging Orders

2014.1.30 ... Charging Orders And The Contemptuous Partnership

2013.8.16 ... No Jurisdiction Needed Over LLC Which Interests Were Charged In Rockstone Capital

2013.4.29 ... The Misunderstood Charging Order

2013.2.24 ... Simply Ignoring Court Orders Is Not The Best Strategy

2012.7.27 ... Jonas: Receiver Appointed By Montana Court To Take Control Of LCC Whose Interests Had Been Charged

2012.6.30 ... Inman: Are Charging Orders Entitled To Full Faith & Credit?

2012.6.22 ... Owner Of Debtor LLC Goes To Jail For Contempt For Interfering With Foreclosure Sale

2012.3.6 ... Weddell: Nevada Supreme Court Restricts Charging Order To Debtor's Economic Interests Only

2011.8.10 ... Buffa's Bad Tuna: Debtor Owning 99% Of LLC Attempts To Dodge Charging Order By Paying Oversized Salary To Wife

2011.7.31 ... Charging Orders and K.O.'d by the K-1 ... Not


Creditor-Debtor Generally


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

2016.8.28 … Registered Agent Sanctioned $234,983 For Helping Ex-Husband Hide Documents Abroad In Sergeeva

2016.7.24 … Sham Mortgage Loan Flops In Pivaroff

2016.7.17 … Wyly's Private Annuities Not Exempt Under Texas Exemption Law Says Bankruptcy Court

2016.6.12 … How Olins' Antique Collection Led Him To Prison For Cheating Civil Creditors

2016.4.30 … 529 Savings Accounts Not Exempt In California Under O'Brien

2016.2.28 … Repatriation Order for Offshore Assets Denied in Lewis

2016.2.19 … 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

2015.7.20 ... Investor Control Dooms Private Placement Life Insurance Policy In Webber

2015.5.29 ... The SEC Gets High Living Debtor Sent To Jail In Greenberg

2015.4.11 ... The Amazingly Confusing Life Insurance Exemption From Creditor Claims

2015.2.26 ... Of Drones and Debtors

2014.2.6 ... A Wedding And The Writ Of Ne Exeat Republica

2013.12.8 ... Grossman And The Impossibly Difficult Impossibility Defense

2013.9.30 ... After False Start, The Uniform Asset-Freezing Orders Act Is Now Ready To Roll

2013.3.26 ... 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

2012.9.14 ... Of Indian Summer, Shredders, and Trash Pulls

2012.6.23 ... Foreclosure, Deficiency Judgments and the Perils of Anti-Deficiency Statutes

2012.5.20 ... Community Property and Creditor-Debtor Law Explained

2012.3.31 ... Speedway Motorsports: Death Benefit From Life Insurance Survives Creditor's Claim That The Premiums Were The Proceeds Of Fraud

2012.3.17 ... Brandner: Alaska Plastic Surgeon Faces Forfeiture Of $4.656 Million For Undisclosed Offshore Account Used To Attempt To Cheat Ex-Wife

2012.2.16 ... Danielo: California's First Action Rule No Defense Against Home Equity Line Of Credit For Underwater Property

2011.8.14 ... Murphy: Attempts To Dodge Personal Guarantees Means Misery For All Involved


General Estate & Business Planning


2020.04.13 ... Surviving The Recession: Things To Avoid And Things To Do If You Are Financially Crashing

2019.12.21 ... Monster Energy Sees Arbitration Judgment Vacated For Inadequate Disclosures By Arbitrator And Concerns Over Repeat Player Bias

2019.08.21 ... Of Jeffrey Epstein And The Assets He Placed Into Trust Two Days Before His Death

2019.07.30 ... Fiduciary Duties In An LLC May Be Contracted Away Says Arizona Supreme Court in Sky Harbor Hotel

2014.11.12 ... Beware The Estate Planning Aggregators And Their Planning Blueprints




2020.01.18 ... Trust Attorney Who Let Client Hide Money From The IRS In Attorney’s IOLTA Trust Account Convicted In Green Case

2014.6.18 ... Attorney Suspended For Violating Attachment Order In Benson

2013.8.26 ... Attorney Disbarred For Hiding Assets For The Missus

2013.6.30 ... Asset Protection Planning And California Rule Of Professional Conduct 3-210


Fraudulent Transfers (now Voidable Transactions)


2020.06.30 ... Attorney Fees Held Awardable Under Nevada Fraudulent Transfer Law In Morgan Stanley Opinion

2020.06.11 ... Bank That Was Financially Involved With Debtor Gets Caught Up In Fraudulent Transfer Case In Wilson

2020.05.21 ... Utah Supreme Court Rejects Mixed Motive Test For Intentional Fraudulent Transfers In Jones Case

2020.01.06 ... Twyne’s Case And The Most Infamous Flock Of Sheep In Anglo-American Law

2019.12.07 ... New York Finally Modernizes Its Fraudulent Transfer Laws By Adopting The Uniform Voidable Transactions Act

2019.10.29 ... Repeal Of Kentucky’s Fraudulent Transfer Law In Favor Of UVTA Causes Headaches In Orchard

2019.10.19 ... Texas Homestead Gets Constitutional Protection From Fraudulent Transfer Claim In Lapides

2019.09.13 ... The Sackler Family And Fraudulent Transfers

2019.08.21 ... Of Jeffrey Epstein And The Assets He Placed Into Trust Two Days Before His Death

2019.07.27 ... Cortez Rule For California Uniform Voidable Transactions Act Reaffirmed In Potter

2019.07.08 ... Fraudulent Transfers And The Statute of 13 Elizabeth Translated To Contemporary Legal English

2019.05.30 ... Understanding The Elements Of The UVTA Tests For A Voidable Transaction

2019.05.20 ... Good Faith Not Enough For Transferee To Establish Fraudulent Transfer Defense In Hawk

2019.03.31 ... Voidability Of Sham Lawsuit And Judgment At Issue In Chen

2019.02.22 ... California Court Of Appeals Swings And Misses On Pre-Marital Fraudulent Transfer Agreement In Sturm

2019.02.12 ... Why The Mere Incorporation Or Formation Process For A New Entity Is Not A Fraudulent Transfer

2019.01.30 ... Resignation Of Corporate Officer Not A Fraudulent Transfer In Texas Opinion

2018.10.28 ... Advising About Or Assisting With A Fraudulent Transfer Is About To Get Very Dangerous In California

2018.08.24 ... Undocumented Loans Easy Fodder For Florida Fraudulent Transfer Claim In Kaplan

2018.08.13 ... Late-Arriving Member To LLC Results In Fraudulent Transfer Finding And Punitive Damages In Lacava

2018.07.26 ... Ninth Circuit Rules For IRS In Shareholder Distribution Claw-Back Fraudulent Transfer Case In Slone

2017.12.18 ... Revocation Of A Company's S-Election By Shareholders Not Deemed A Voidable Transaction In Arrowsmith

2017.12.07 ... 'I Only Gave It To My Spouse In Case I Got Sued' Defense Flops Once Again In Soley Case

2017.08.20 ... One Year Discovery Rule For Fraudulent Transfers Tested In PNC Bank Case

2017.05.30 ... The Good Faith Transferee Defined In Nautilus

2017.01.18 ... Fraudulent Transfer Law Trumps Tenancy By The Entireties In Knoll

2016.9.30 ... The Silver Lining In The IRS's Proposed Rule Changes For Valuation Discounts

2016.9.10 ... The 10-Year Lookback for Tax Liability Overrides State Fraudulent Transfer Law In Kipnis

2016.8.22 … Sacred Heart University Dodges Fraudulent Transfer Claim For Tuition Paid In Palladino

2016.8.14 … Fraudulent Transfers Into An ERISA Plan Can Be Unwound Despite The ERISA Protections

2016.7.30 … Fraudulent Transfer Defeats Tenancy By The Entireties Protection Of Sarasota Home In Major

2016.7.29 … Blixseth Loses On Marital Settlement Agreement and Fraudulent Transfers

2016.5.21 … Actual Fraud Includes Fraudulent Transfers In Bankruptcy Says Sotomayor

2016.4.7 … The Golf Channel Gets The Answer It Wants From The Texas Supreme Court

2016.3.25 … Estate Planners: Worry Not About The Uniform Voidable Transactions Act

2016.1.30 … Fraudulent Transfers In Hypnotic Taxi

2015.11.27 ... Silver Bars and Fraudulent Transfers in Rego Group

2015.11.22 ... U.S. Jurisdictions That Criminalize Fraudulent Transfers

2015.11.16 ... Attorney's Fees Deemed To Constitute Reasonably Equivalent Value In Magnum Steel

2015.9.30 ... Minnesota Attorney Suspended For Assisting With A Fraudulent Transfer In Sheehan

2015.8.22 ... Son of BOSS Leads To A Divorce And Fraudulent Transfer Troubles In Baker

2015.7.29 ... Cevdet Aksut -- Fraudulent Transfer Means Civil Conspiracy And Civil RICO Claims Against Law Firm

2015.7.27 ... The Fifth Circuit Declares A Mulligan In The Golf Channel "Innocent Transferee" Case

2015.6.19 ... Kettering Article On The UVTA, er, UFTA-2014, Provides The Definitive Guide To Changes

2015.5.27 ... Kekonas' Punitive Damages Award For Fraudulent Transfers Gets Bigger On Appeal

2015.4.26 ... The Fraudulent Transfer Laws Do Indeed Apply To Future Creditors

2015.4.2 ... Nevada Supreme Court's Fraudulent Transfer Ruling Keeps Innocent Law Firm Out Of The Woods

2015.3.31 ... The Common But False Myth Of The Asset-For-LLC Interest Exchange In Asset Protection Planning

2015.3.17 ... The Fifth Circuit Slices The Golf Channel Into The Pond

2015.3.14 ... Medici Gambles At The Venetian But It Is The Venetian Who Gets Played

2015.1.16 ... Debtor's Pre-Petition Transfers Result In Denial Of Discharge In Drumm

2014.11.18 ... Positive Health Of The Fraudulent Transferee's Good Faith Defense

2014.11.1 ... The Insolvent Debtor - Are Charity And Family Gifts Still Possible?

2014.10.26 ... Living Expenses Of No Utility To Creditors In Schlussel

2014.10.9 ... Dilution Of Corporate Stock As A Fraudulent Transfer In Antonello

2014.8.31 ... The Uniform Voidable Transactions Act – New Section 11 and Series LLCs

2014.7.27 ... The Uniform Voidable Transaction Act And The Shifting Of Burdens

2014.7.22 ... The Uniform Voidable Transactions Act and Conflict of Laws

2014.7.18 ... The Uniform Voidable Transactions Act – What’s With The Name Change?

2014.3.31 ... Iowa Attorney Narrowly Dodges Bar Complaint For Murderer's Fraudulent Transfers

2014.1.22 ... The $867 Dispute Becomes An $883,654 Judgment In Ravet

2014.1.18 ... Attorney's Time Slips Slip Up Post-Judgment Attempts To Defraud Creditors In Frankel

2013.12.19 ... Two Year Suspension For California Attorney Who Engaged In Fraudulent Transfer In Morris

2013.10.30 ... Good Faith Transferees And The Perils Of Third-Party Payers

2013.10.15 ... Hawaiian Fraudulent Transferee Hangs Ten To Punitive Damages

2013.9.23 ... Fraudulent Transfers Trigger Crime-Fraud Exception And $10 Million Punitive Damages In Cutuli

2013.8.30 ... One-Year Vacation From Practice For Attorney Who Fraudulently Transferred Assets

2013.7.2 ... Bankrupt Milwaukee Archdiocese Apparently Caught In Fraudulent Transfer

2013.4.23 ... Fraudulent Transfer Leads To Punitive Damages And Attorney's Fees Equal To Six Times The Amount Of The Underlying Judgment In Renbolt

2013.3.22 ... What The Debtor Received In Return Is Key To Fraudulent Transfer Value Analysis

2013.1.31 ... Existence Of Claim Renders Some Clients Seeking Asset Protection Effectively Dead On Arrival

2013.1.30 ... Interspousal Transfers Without Value To Avoid Personal Guarantee Voided As Fraudulent Transfers In Lilly

2013.1.19 ... Kremen -- Failure To Prove Fraudulent Transfer

2012.12.31 ... Cohen - Lawyer's Transfer Of Wages To Entireties Account Only Partially Protected From Creditor When Fraudulently Transferred

2012.11.29 ... Kilker - Asset Protection Intent In Making Transfers To Protect Against Future Creditors Means Disaster When Creditor Appears

2012.10.31 ... Kenrob Information - The IRS Fights Off Fraudulent Transfer Claim For Debtor S-Corporation's Tax Reimbursements To Shareholders

2012.10.29 ... Elephants and Donkeys Find Unhappiness In Sir Scam-A-Lot's Court

2012.10.20 ... Goldberg - Affidavit of Solvency Allows Asset Protection Attorney To Keep Fees Against Fraudulent Transfer Claim

2012.9.30 ... Pearl -- Transfers to Revocable Trusts Were Not Fraudulent Transfers As To Creditors Of The Settlor

2012.8.29 ... Kendall: Distressed Debtor's Late Transfers Set Aside As Fraudulent Transfers In Bankruptcy

2012.7.31 ... Howrey: When The Sinking Ship Seeks The Cheese Back From The Fleeing Rats

2012.5.8 ... Fraudulent Transfer Leads To Punitive Damages Award In California

2011.12.23 ... Cohen: Temporary Restraining Order Issued Against Those Assisting Debtor With Fraudulent Transfers

2011.10.13 ... The Sad Last Ballad of Jerry Lynn Williams: Divorce Decree Fails To Defeat Fraudulent Transfer Action

2011.9.27 ... Schofield-Johnson: Husband's Failed Attempt To Shield Assets From The IRS By Transferring To Wife Who Transferred To An LLC

2011.9.20 ... Racsko: Bankruptcy Trustee Of Mother Can Invade Her Children's Trust On Fraudulent Transfer Grounds

2011.8.13 ... Dad's Looting Of Corporation By Making Gifts To His Kids Gets Them Caught Up In Fraudulent Transfers




2019.02.25 ... Jamie Dimon Shows Why Bitcoin Is Not The Future

2019.01.23 ... Artificial Intelligence Will Replace Your Financial Adviser – And That’s A Good Thing

2018.12.26 ... The Difference Between Crypto And A Dollar, Euro, Yen, Etc.

2018.11.28 ... The Cryptocurrency Paradox And Why Crypto Is Failing

2018.11.20 ... The Great Cryptocurrency Scam

2018.04.14 ... Bitcoin And Cryptocurrency: Unsuitable At Any Speed

2018.03.29 ... Bitcoin's Crazy Volatility Creates Dream Marketplace For Bears

2018.02.09 ... Why Bitcoin Is So Volatile

2018.02.01 ... Bitcoin: The First Truly Worldwide Bubble

2018.01.29 ... Bitcoin, Cryptocurrency And The Government Regulation Paradox

2018.01.21 ... Bitcoin Hurt By Lack Of Viable Pricing Model And The Ghostbusters Stairs Syndrome

2017.12.28 ... The Great Bitcoin Scam

2014.9.24 ... Bitcoin Savings & Trust Comes Up $40 Million Short On The Trust Part

2014.9.17 ... Weed Investments Go Up In Smoke, Says SEC

2013.10.23 ... Fake Swedish Bank On Trial After Elaborate Scheme Leaves Investors With Nothing

2012.7.30 ... You Can't Fix Stupid: The Iraqi Dinar Scam Lives




2018.10.19 ... Why You Need A Virtual Private Network (VPN)

2018.09.24 ... Samsung Note9 And Notebook 9 Pro A Match Made In Tech Heaven

2014.1.5 ... It's Time To Change Your Passwords And Here's How

2013.2.14 ... Into The Million-Mile Frequent Flyer Doughnut Hole I Fall

2012.11.12 ... Fear Not Windows 8, But Embrace It


Offshore Planning


2017.07.19 ... Donaldson And Crithfield Found Guilty In Foster Dunhill Offshore Insurance Tax Evasion Case

2017.06.24 ... Twenty Years Later And Marc Harris Organization Clients Are Still Being Prosecuted

2016.4.17 … Why No Americanos Yet In Mossack Fonseca's Panama Papers Revelations?

2016.4.3 … Panama Law Firm Mossack Fonseca Faces Leak Of 11 Million Documents Exposing Thousands Of Clients

2016.3.27 … Cayman Islands Financial Institutions Agree To Guilty Plea And Rat Out Their Depositors

2013.3.25 ... Cyprus And The Death Of An Offshore Haven


Practice Issues


2020.02.24 ... Mediation: Don’t Just Mail It In

2018.02.28 ... The Great Lawyer Ratings Racket And Ten Considerations For Locating A Good Attorney

2013.7.29 ... Will Your Malpractice Insurance Burn Up When You Need It?


Series LLCs


2020.03.17 ... Series LLC Not Allowed To Play Pea-Shell Game In City Of Urbana Opinion

2020.02.16 ... Talisman Casualty Denied Diversity Jurisdiction Of Protected Cell Series LLC In National WW II Museum Case

2019.01.28 ... Understanding The Protected Series Act: Article 8 And Final Thoughts

2018.11.24 ... Understanding The Protected Series Act: Treating Out-Of-State Series

2018.11.18 ... Understanding The Protected Series Act: Mergers

2018.10.29 ... Understanding The Protected Series Act: Dissolution And Winding Up Of Protected Series

2018.10.21 ... Understanding The Protected Series Act: Liability Limitations And Claims

2018.08.30 ... Understanding The Protected Series Act: Assets, Members And Management

2018.08.28 ... Understanding The Protected Series Act: Creating A Protected Series And Service Of Process

2018.07.18 ... Understanding The Protected Series Act: The Framework of UPSA - Part 2 of a Series

2018.06.18 ... Understanding The Uniform Protected Series Act: What Is A Protected Series?

2017.07.22 ... Uniform Limited Liability Company Protected Series Act (ULLCPSA) Adopted By Uniform Law Commission

2016.1.31 … Drafting of the Proposed Series LLC Act Moves Towards July Test

2014.6.15 ... The Series LLC And The Plight Of Unsecured Creditors

2013.12.26 ... Series LLC And The Abyss Of The Unknowns


Tax Shelters


2020.03.28 ... Alleged Syndicated Conservation Easement Tax Shelter Promoters Face Class-Action Lawsuit

2019.11.21 ... Swiss Private Placement Life Insurance Policy (PPLI) Results In Conviction Of Blandi For Tax Evasion

2019.04.29 ... Mike Meyer's 'Ultimate Tax Plan' Involving Charitable LLCs And LPs Hit With DOJ Permanent Injunction

2019.03.24 ... Tax And Asset Protection Huckster Causes Big Problems For Taxpayer In Burbach

2018.12.20 ... DOJ Sues To Shut Down Syndicated Conservation Easement Tax Shelter Promoters

2017.09.24 ... DOJ Investigating Offshore Life Insurance Companies For Selling Abusive PPLI Policies

2016.12.27 ... The IRS Leaves A Lump Of Coal For Syndicated Conservation Easements In Notice 2017-10

2016.12.06 ... Tax Zapper John Yin Gets Zapped By DOJ

2015.11.30 ... Ghosts Of Tax Shelters Past And The Return Of The Listed Transactions

2014.5.16 ... SwissPartner’s Offshore Life Insurance Deal Finally Falls To Earth

2013.11.24 ... Identical Twins: The LLC-2 Tax Shelter Takes Over Where the SC-2 Tax Shelter Left Off

2013.2.27 ... Nevada Corporation Solely Owned By California Resident Dodges California Taxes




2019.08.18 ... California Creditors Can Execute Against 100% Of Mandatory Trust Distributions In Blech

2019.06.27 ... California Child Support Order Not Enforced Against South Dakota Trust In Cleopatra

2019.06.22 ... New York Trust Not Subject To North Carolina Tax Because of In-State Beneficiaries In Kaestner

2019.04.15 ... Third-Party-Created Trust May Be A Self-Settled Trust And Included In Bankruptcy Estate In Cyr Case

2018.05.13 ... Georgia Governor Vetoes Domestic Asset Protection Trust Legislation

2018.05.12 ... Bankruptcy Trustee's Compromise With Offshore Trust Fails To Win Court Approval In Olson

2018.04.20 ... Georgia Legislature Snookered Into Passing Legislation To Cause Investment Flight From Georgia

2018.03.05 ... Alaska Supreme Court Hammers Last Nail In DAPT Coffin For Use In Non-DAPT States In Toni 1 Trust

2017.07.08 ... Two Ancient English Statutes And A Dispute Over Modern Voidable Transactions Law

2017.05.09 ... Distributions Due Or Made From A California Spendthrift Trust Available To Creditors In Carmack

2016.6.26 … Bellinger The Sequel: Poor Advocacy And Bad Rulings Lead To A Big Mess

2016.3.26 … Trustee Frustrated In Selling Debtor/Member's LLC Interest In Talbut

2015.9.30 ... QPRT Deemed Revocable And Fails To Protect Home In Ferrante

2015.6.27 ... Living Trust Loses To Creditors In Lewiston

2015.5.25 ... Estate Planning Bar Breathes Sigh Of Relief As Castellano Gets Turned Around

2015.4.24 ... Nevada Dynasty Trusts Strike Gold In Perpetuities in Bullion Monarch

2015.2.15 ... Utah Supreme Court Decides Conflict-Of-Laws Issue In Revoking Dahl

2015.1.28 ... Lenders Beware! Notice Of The Borrower's Trust Planning Can Start A Statute of Limitations Running

2015.1.26 ... A Short History Of Asset Protection Trust Law

2014.8.23 ... Power of Appointment Causes Bankruptcy Estate Inclusion in Behan

2014.8.18 ... Delaware Anti-Suit Injunction Nixed As To Dynasty Trust In Kloiber

2014.8.11 ... Trust Beneficiary Checkmated By Bankruptcy Code 548(e) In Castellano

2014.5.31 ... Foreign Asset Protection Trust Scores A Victory In Bellinger

2014.2.25 ... AsiaTrust Gets Hauled Into The California Courts

2013.11.20 ... The Trust Protector Idea Isn't Just For Trusts

2013.10.28 ... The Trust Protector As Fiduciary, And Why Maybe That Is A Bad Idea

2013.7.10 ... Why Dahl Doesn't Support The Viability Of Domestic Asset Protection Trusts

2013.5.31 ... Are Special Power of Appointment Trusts And Hybrid Trusts 'Similar Devices' To Self-Settled Trusts?

2013.5.22 ... Domestic Asset Protection Trust Blows Up Bigger Than Alaska In Huber Case

2013.5.11 ... Tenth Circuit Affirms Fraudulent Transfer Judgment Against Debtor's Wife And Her Cook Islands Trust

2013.5.10 ... Discussion Of Offshore Trusts Leads To Asset Freeze In Las Vegas

2013.4.27 ... Will Declaratory Judgment Actions Be The Savior Of Domestic Asset Protection Trusts? Probably Not

2013.4.25 ... The One Foreign Asset Protection Trust 'Win' Turns Out To Be A Dud

2012.12.25 ... Zukerkorn -- Possible Bad News For Domestic Asset Protection Trusts In Conflict-Of-Laws Dispute

2012.11.30 ... Yerushalmi - Old And Cold QPRT Stands Up To Alter Ego Challenge In Bankruptcy Adversary Proceeding

2012.11.29 ... Rush University -- Transfers To A Cook Island Trust Held Per Se Fraudulent By Illinois Supreme Court

2012.8.25 ... Trust Protectors -- What They Are And Why Probably Every Trust Should Have One

2012.7.16 ... Thomas: Pre-Bankruptcy Exemption Planning Survives And An IRA Is A Self-Settled Trust Or Similar Device

2012.4.30 ... Salahi: Control Over Trust Assets Neuters Spendthrift Trust Provisions In Virginia Bankruptcy Case

2012.4.2 ... Weitz: New York Superior Court Holds That It Has Jurisdiction Over A Cook Islands Trustee For Fraudulent Transfers

2011.12.28 ... The Real McCoy: Living Trust Provides Spendthrift Protection To Assets Of Beneficiary In Bankruptcy

2011.12.26 ... Kornman: The Impossibility Defense and the Self-Created Impossibility Exception

2011.12.13 ... Cutter: Too Much Control And Right To Access Neuters California Irrevocable Spendthrift Trust As An Asset Protection Trust

2011.11.22 ... Quaid Redux: Original Settlor's Power To Revoke Protects Assets In Florida Trust

2011.11.15 ... Easy Chart Regarding Effectiveness Of Asset Protection Trusts

2011.10.23 ... Smith: Cook Islands Asset Protection Trust Results In Special Circumstances Allowing Less-Than-Three Creditors Involuntary Bankruptcy Petition

2011.10.19 ... Mortensen: Alaska Asset Protection Trust Funded By Solvent Settlor Completely Fails To Protect Assets In Bankruptcy Against Future Creditors

2011.8.1 ... As An Asset Protection Trust, Henry's Trust Was A Notable Failure

2011.7.22 ... Hawaii Updates Its Domestic Asset Protection Trust Legislation -- Should You Care?







  • Captive Insurance - Licensed insurance companies formed by the parent organization to handle the insurance and risk management needs of the business, by the author of the best-selling book on the topic: Adkisson's Captive Insurance Companies.


  • Asset Protection - The all-time best-selling book on asset protection planning by Jay Adkisson and Chris Riser.


  • Creditor-Debtor Law - An explanation of common creditor remedies, strategies and tactics to enforce a judgment, including a discussion of common debtor asset protection strategies.


  • Voidable Transactions - Discussion of the Uniform Voidable Transactions Act (a/k/a 2014 Revision of the Uniform Fraudulent Transfers Act) and fraudulent transfer law in general.


  • Private Retirement Plans - An exploration of a unique creditor exemption allowed under California law which can be very beneficial but is often misused.


  • Charging Orders - The confusing remedy against a debtor's interest in an LLC or partnership is explained in reference to the Uniform Partnership Act, the Uniform Limited Partnership Act, and the Uniform Limited Liability Company Act.


  • Protected Series - An examination of the single most complex statutory legal structure yet created, with particular reference to the Uniform Protected Series Act of 2017.


  • California Enforcement of Judgments Law - Considers the topic of judgment enforcement in California, including the California Enforcement of Judgments Law and other laws related to California creditor-debtor issues.


  • Anti-SLAPP Laws - A collection of and commentary about Anti-SLAPP laws and significant court decisions on the subject within the United States.


Contact Jay Adkisson:


Phone: 702-953-9617     Fax: 877-698-0678     jay [at] jayad.com


Unless a dire emergency, please send me an e-mail first in lieu of calling to set up a telephone appointment for a date an time certain.


Las Vegas Office: 6671 S. Las Vegas Blvd., Suite 210, Las Vegas, NV 89119, Ph: 702-953-9617, Fax: 877-698-0678. By appointment only.


Newport Beach Office: 100 Bayview Circle, Suite 210, Newport Beach, California 92660. Ph: 949-200-7773, Fax: 877-698-0678. By appointment only.


Social Media Contact: Twitter and LinkedIn


Admitted to practice law in Arizona, California, Nevada, Oklahoma and Texas


© 2020 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