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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...

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...

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...