Can You Use Florida Exemptions in Another State?

The general rule is that Florida residents cannot export Florida asset exemptions to other states. Therefore, out of state, or “foreign” judgments pose unique risks to judgment debtors living in Florida. Even though the judgment debtor lives in Florida, the judgment creditor could start judgment collection proceedings in the foreign state’s court. Most other states…

Can You Still Claim Homestead in Florida If You Temporarily Rent Out Property?

A recent client wanted to know if he would lose his homestead protection by temporarily renting out his homestead property to a tenant. In Florida, a judgment debtor’s homestead is absolutely protected from creditors. There is no monetary cap on the amount of the protected homestead, however the protection is limited to 1/2 acre in…

Can Non-Citizen Foreigner Qualify for Florida Homestead Protection?

A recent Florida bankruptcy case, In re De Bauer, examined when a non-citizen, or foreigner, could qualify for the Florida homestead protection. The Florida homestead is one of the most powerful asset protection tools for judgment debtors. The Florida constitution exempts an unlimited amount of equity in a debtor’s homestead, subject to certain acreage restrictions….

Does the “Catch-All” Remedy for Fraudulent Conveyances Allow Award of Monetary Damages?

A debtor can transfer assets to a non-debtor at any time including after a creditor has filed a lawsuit and even after the court has awarded a money judgment against the debtor. Such late asset transfers can be challenged as fraudulent conveyances. The creditor remedies for a debtor’s fraudulent conveyance statute are provided by section…

How to Protect Websites and Domain Names from Judgment Creditors

For some businesses, the most valuable asset they have is their website and domain name. Even in cases where the website and domain names would not have any market value to anyone else, a judgment creditor may still seek to levy on this unique personal property in order to pressure the debtor to pay all…

Offshore Bank Accounts

An offshore bank account is a depository account maintained at a bank outside the United States. Offshore bank accounts are viewed by many as an exotic tool for privacy and tax avoidance—and only for the very wealthy. But actually an offshore bank account can be a useful tool for asset protection planning for people with…

|

Can Cryptocurrency Be Garnished?

Can creditors take your bitcoin? Many people believe cryptocurrency, such as bitcoin, might be the holy grail of asset protection. They think that cryptocurrency cannot be garnished or seized by a judgment creditor, and they think that cryptocurrency holdings are confidential assets that debtors do not have to disclose bitcoin to creditors. Alas, cryptocurrency may…

Can a Judgment Creditor Garnish Your Stimulus Check?

Several people in the last week have asked whether a judgment creditor can garnish their stimulus check. The latest COVID relief bill provides some people with up to $1,400 per person, plus an additional amount for having dependents. Once deposited into your bank account, this money is not safe from garnishment. Prior COVID relief bills…

How to Protect Assets Against Federal Agencies Like the FTC and SEC

Federal agencies such as the Federal Trade Commission and Securities and Exchange Commission often pursue individuals for violations of consumer and investor protection laws. The FTC frequently enforces laws regulating telephone or email marketing, and the SEC enforces rules concerning money solicitation for investment.  Federal agency statutes give the enforcement divisions enhanced collection tools not…