Florida asset protection, estate planning, bankruptcy, and family law firm.
// by Gideon Alper
Federal law wage garnishment rules are different than Florida’s rules and exemptions from wage garnishment. For instance, federal law permits garnishment of 15% of net wages without regard to any state exemptions. I just learned about a federal wage garnishment exemption I had never before encountered in asset protection work. Federal statute 46 USC 11109 …
Fishermen Exempt From Wage Garnishment: Federal LawRead More
// by Jon Alper
Most one person professional business- such as attorneys or physicians- operate as a legal entity (P.A. or L.C.) . The professional is an employee who receives from the business a combination of salary and profit distributions. This business arrangement has tax advantages because it can reduce employment taxation, but it may not be best for …
Sole Proprietorship Advantages For One-Owner Businesses and ProfessionsRead More
// by Jon Alper
I got a call from a Florida businessman who owned a business Jacksonville which had been sued. The court awarded a judgment against the business, but there is no judgment against the owner personally. The owner is considering closing down the debtor business and starting a new company doing similar kinds of things for similar …
// by Jon Alper
Asset protection clients often deal with judgments against both themselves individually and their closely held business. Many of my clients believe that they can deal with their businesses’ liability and potential judgment by closing or bankrupting their business. When I asked them how they plan to make a living after they close their business the …
Fraudulent Transfer From Debtor Company To Newly Formed Entity In Same BusinessRead More
// by Jon Alper
When a small family business encounters business problems they do everything they can to preserve money. One of the first steps usually is reducing or deferring salary payable to the owners. Some businesses borrow money from other family members to pay bills.
Fraudulent Transfer By Failing Business To Owners Or Their Family Member CreditorsRead More
// by Jon Alper
Business arrangements among family members are usually informal without full legal documentation. Casual business dealings among family members work fine between the family members themselves as long as the family relationships are on good terms. But, when the same family members have creditor problems an informal family business dealing can lead to problems when proper …
Informal Family Business Arrangments Can Unintentionally Expose Assets To CreditorsRead More
// by Jon Alper
Interest in the Nevis LLC is increasing. I received an email from a physician who lives and is licensed in Florida. He wanted to know if he could establish a medical business through a Nevis LLC. Under Florida statute, any licensed professional business has to be designated as a professional corporation (a PA) or a …
// by Jon Alper
A Florida resident owns an LLC with in turn owns real estate. The LLC sells the real estate and receives substantial case proceeds. The owner wants to purchase an annuity with some of the sales proceeds because of the investment features and because he heard annuities are protected from creditors.
// by Jon Alper
Some types of personal property have little value to anyone except a debtor, but the property is extremely valuable to the debtor. Although the same property has little market value in the hands of a creditor, the creditor may still seek to levy on this unique personal property in order to pressure the debtor to …
// by Jon Alper
The new bankruptcy law imposes a “means test” to determine if certain debtors are eligible to file Chapter 7 bankruptcy. Only debtors who, according to the means test formula, lack the ability to repay substantial portion of their debts may file Chapter 7.
2572 W. SR 426 #1024
Oviedo, FL 32765
(407) 444-0404
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