Businesses trying to collect valid debts often have an uphill struggle. Those who intend to fulfill their financial responsibilities usually do so with minimal oversight. On the other hand, those trying to avoid their financial responsibilities can take extreme...
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Trusts & Asset Protection
Can debtors use trusts to avoid their obligations to a business?
Most people are eager to make good on their financial obligations. They communicate with their creditors, follow payment plans and provide advance notice if they might miss a payment or send a payment in late. Unfortunately, there are some people who take on debt...
Can someone craft a trust to avoid a creditor lawsuit?
When someone owes a business money, they generally have an obligation to pay in full or negotiate a specific payment arrangement that both parties believe is reasonable. Expecting someone to fulfill their financial obligations is reasonable, especially when a creditor...
Can I collect if the debtor’s home is in a trust?
Anyone can use a trust to serve a number of financial goals. An individual can draft a trust to help the creator ensure beneficiaries use assets to fund higher levels of education or the management of properties. A creator can make a trust to help reduce their...
How can I collect if all of the debtor’s assets are in a trust?
Debtors have tried everything under the sun to try to hide and protect their assets from the people that they owe money to. Most of these methods fail – such as when they try to give away assets to avoid collection. Other times, the situation becomes a bit more...
California case blocks trustees from using trust to avoid payment
Often times, real property is held in the name of trusts for estate planning purposes. And many people further believes that taking title in this manner protects the real property asset from potential creditors as well. Well, the court in Boshernitsan v. Bach, 61...
How To Collect If A Debtor’s House Is In A Trust?
For companies operating on a smaller scale, the question of pursuing unpaid debts is a tricky one. For debtors with complex assets and estate plans, that task can be even more challenging to parse out. Understanding the obstacles to creditors It’s a common tactic...

