HOW CAN A DEBT RESTRUCTURING WITH NEW COLLATERAL POSSIBLY BE A FRAUDULENT TRANSFER? ANSWER: LIENS MAY BE SET ASIDE AND DEBT PAYMENTS DISGORGED IF THE PARTIES PLEDGING THE ADDITIONAL COLLATERAL DID NOT RECEIVE VALUE REASONABLY EQUIVALENT TO THE OBLIGATIONS INCURRED. You would think that curing a $2 billion loan default, restructuring loans and preventing further […]
Corporate Officer and Director Liability for Crimes Comitted By Company – CEO ASSET PROTECTION
An area of liability and exposure that is becoming more common and which is routinely overlooked in planning is Officer and Director liability including both civil and criminal liability. This issue affects a variety of C-level executives from the traditional C.E.O. right through C.T.O. as the witch hunt continues. The first lines of defense are simple, […]
CAN YOU BE SUED FOR NOT HIRING A CRIMINAL? YES – Asset Protection and HR
DISCRIMINATING AGAINST CRIMINALS IN YOUR WORKFORCE QUESTION: CAN THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (“EEOC”) CHARGE MY COMPANY FOR DISCRIMINATION IF WE FOLLOW STATE LAWS PROHIBITING US FROM HIRING PEOPLE WITH CRIMINAL RECORDS? ANSWER: THE EEOC SAYS THAT COMPLYING WITH STATE OR LOCAL LAWS DOES NOT SHIELD AN EMPLOYER FROM LIABILITY FOR DISCRIMINATION CAUSED […]
Hidden Assets, Buried Gold, Stuffed Safes and Other Asset Protection and Estate Plans FAILS
The article below is by Attorney Mike King, and shares some detail on the legal issues surrounding intestate property and especially that which is “hidden” and undisclosed. My expectation is that this will be a common story for the next twenty years plus as many people who are currently accumulating and “hiding” assets like gold, jewels, […]
