May 24, 2016

There are several different important steps you should take when it comes to the asset protection planning process. One of these includes getting the right help form an experienced asset protection planning attorney.

Having the right insurance is an important foundation of your asset protection planning strategy but it is not part of your comprehensive approach. If you are a professional individual, for example, you may choose to invest in errors and omissions insurance to protect you in the event that somebody sues you when losses are experienced. You may also want to consider an umbrella insurance policy.

Many wealthy individuals simply face a higher risk of being sued because an opportunist may believe that you have the assets appropriate to support a lawsuit. A liability insurance policy, however, can protect your assets when someone attempts to link you to an injury or damage that happened on your property. The second step of asset protection planning involves separating your business from your personal assets. As soon as you begin growing your income diversity, it is important to take this step.

Working with an asset protection planning attorney can help you ensure that your business structures are properly divided in order to shield your personal assets to the best extent possible. It is important to understand that many individuals have misconceptions about the role of bankruptcy in asset protection planning. Bankruptcy could be a helpful asset protection planning strategy, although since 2005 this has become less and less true. New bankruptcy rules make it more difficult to file for Chapter 7, for example.

Bankruptcy judges also have a high level of discretion in cases. If you attempt to file for bankruptcy protection after somebody comes after you in a lawsuit, this does not mean that you are comprehensively protected. You need to consult with your asset protection planning attorney to understand when bankruptcy makes sense and when it doesn’t. Reach out to info@lawesq.net if you’re ready for a more comprehensive approach to asset protection planning.