My approach
Every structure rests on four questions.
Timing. Control. Jurisdiction. Collectibility. I evaluate every plan the way a creditor’s attorney would, because that is the test it will eventually face.
Request a legal consultationThe four questions →Why I start from enforcement
A structure is only as good as what a court does with it.
I spent the early part of my career as a plaintiff-side litigator in Los Angeles and Orange County, using discovery, subpoenas, and depositions to reach assets behind entities and trusts. I learned where structures break, and it is rarely where the brochure says.
So I do not start with a product. I start with how your plan would be attacked, and I design backward from there, grounded in statutes and case law and coordinated with your CPA.
The court will not be looking at your trust. It will be looking at you.
The framework
The four questions I ask of every plan.
Timing
When was it funded, and what did you already know?
A transfer made with intent to hinder, delay, or defraud a creditor can be unwound under state voidable-transfer law (the Uniform Voidable Transactions Act or its predecessor, the Uniform Fraudulent Transfer Act) and under the Bankruptcy Code. The clock often starts months before a complaint, and waiting for service of process is not a safe harbor. A structure funded three weeks after a demand letter will be examined on the assumption that you were reacting.
Timing is measured against each creditor, but not cleanly. A transfer made to defeat one creditor can be challenged by later creditors too, and in bankruptcy a trustee can use any single creditor’s rights to reach the whole transfer. That is why planning belongs before any claim exists.
Control
What can you still do with it?
What you keep the power to do, a court can order you to do. Courts treat self-created impossibility skeptically: the inability to comply with an order rarely succeeds as a defense when you arranged it yourself. The design question is separation of roles.
Jurisdiction
Which court decides, and what can it reach?
The court where you are sued can apply its own law, and it can compel people and assets within its reach. A court in another state may decline to apply a statute written elsewhere, and real property is governed by the law of the place it sits.
Collectibility
What can a creditor actually collect, and at what cost?
A judgment is only worth what it can collect. When the debtor is the trustee and the assets sit where the court can see them, the judgment is collectible on its face. When the structure holds, collection gets slower, costlier, and less certain, and that changes the conversation.
How the layers fit
Different layers do different jobs.
Most plans need more than one layer. Each answers a different part of the four questions.
What I will not do
Where I draw the line.
- Move your assets after a claim exists in order to defeat that creditor.
- Describe any structure as hidden, untouchable, or guaranteed.
- Design a plan that depends on you keeping powers a court could order you to use.
- Recommend a structure you cannot realistically maintain year after year.
- Sell you a product before I understand your facts.
How an engagement works
From first conversation to a funded plan.
From the case library
The four questions, applied to real cases.
Legal consultation
Tell me about your situation
Fill out the form below. I review every submission personally. If your situation is a fit for pre-litigation planning, you will receive a link to book a private 60-minute consultation. If you prefer to speak directly, call (888) 773-9399.
Asset protection works best before a claim exists. If you already face a pending or threatened claim, transfers made now can be challenged and may not protect you against that claim. Tell me about it at the consultation.
Submitting this form does not create an attorney-client relationship. Please do not include confidential details.
Put your plan to the four questions.
A legal consultation is where that starts.
Request a legal consultation(888) 773-9399
Structure before stress.
Attorney advertising. Brian T. Bradley, Esq., Bradley Legal Corp, Wilsonville, Oregon. Licensed in California, Oregon, and Washington, and serving clients nationwide; matters under other states' law are handled with local counsel where required. This page is general information, is not legal or tax advice, and does not create an attorney-client relationship. Outcomes depend on facts, timing, and jurisdiction. Case summaries describe what courts decided; they do not predict the outcome of any other matter. The Bridge Trust® and Dynasty Bridge Trust® are registered trademarks of their owner, used with permission.
Disclosure: I handle every trust engagement as co-counsel with the Trust Protector, an affiliated firm that prepares the trust documents and serves as protector on the Bridge Trust® and Dynasty Bridge Trust®. I am directly involved in each engagement, from design through implementation. The legal fee is divided between the two firms, as set out in the engagement letter, and I am paid for that work.
