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In Re. Huber (Bankr. WA 2013)
ASSET PROTECTION ISSUE: Will an Alaska Domestic Asset Protection Trust (DAPT) stand up to a Bankruptcy Trustee? CASE SUMMARY: Donald G. Huber (Huber) and his son Kevin Huber owned United Western Developers (UWD), a real estate investment and development company in the...
Battley v. Mortensen (2011)
ASSET PROTECTION ISSUE: Does Bankruptcy Code Section 548(e) void a transfer to an Alaska DAPT, even if settlor was solvent at time of transfer? CASE SUMMARY: Mortensen was an Alaska resident and in 2005 settled an Alaska Domestic Asset Protection Trust with $60k of...
Toni 1 Trust v. Wacker(2018)
ASSET PROTECTION ISSUE: Is a Domestic Asset Protection Trust (DAPT) set up in Alaska effective regarding a Montana fraudulent transfer action? CASE SUMMARY: Donald Tagwell sued the Wackers in Montana state court in 2007. The Wackers counter-sued Mr. Tagwell as well...
Mr. and Mrs. K – An APC Affiliate Attorney Case Study
Disclaimer The client information summarized here represents an actual client. Names and all identifying information has been removed or changed to protect the attorney client privilege. This information is designed to be used as an instructional tool only. ...
Dahl v. Dahl (2015)
ASSET PROTECTION ISSUE: Will a Domestic Asset Protection Trust (DAPT) set up in Nevada be effective or respected in a Utah Divorce case? CASE SUMMARY: The Dahl’s were involved in an extended and extremely contentious divorce for many years. While this case is getting...
MDY Industries, LLC v. Blizzard Entertainment, Inc.
ASSET PROTECTION ISSUE: Should the member of a Single Member LLC (SMLLC) be held personally liable for the actions of the LLC in Arizona? CASE SUMMARY: Blizzard Entertainment, Inc., makers of the popular online role-playing game, World of Warcraft (WoW), sued MDY...
Rush University Medical Center v. Roger Sessions
ASSET PROTECTION ISSUE: What happens when the assets of an ‘offshore’ trust are not actually offshore and subjected to the jurisdiction of a U.S. Court? CASE SUMMARY: In February of 1994, Robert Sessions (Sessions) set up an irrevocable Cook Islands Trust. It was...
United States v. Grant (2008) (The Arline Grant Case)
ASSET PROTECTION ISSUE: Will an Offshore Asset Protection Trust hold up against an IRS attack? CASE SUMMARY: The facts are that Mr. Grant established two separate trusts, one for himself and another for his wife, Arline, in two separate offshore asset protection...
SEC v. Bilzerian (2001)
ASSET PROTECTION ISSUE: How effective is tirelessly and shamelessly defending an obviously losing battle over the assets of an Offshore Trust? CASE SUMMARY: In 1991, Mr. Bilzerian was found guilt of securities fraud in connection with a “Greenmail” scheme. In 1993...
Kilker v. Stillman (2012)
ASSET PROTECTION ISSUE: Does simply creating an Asset Protection plan (and stating such) expose the Settlor to a fraudulent conveyance claim in California? CASE SUMMARY: In 2000 Stillman, who was a soil engineer rendered services through a pool company to Kilker in...
