Breaking Asset Protection Plans In and Outside Bankruptcy: Techniques for Voiding Trusts and Other Transfers
Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Bankruptcy
- event Date
Thursday, October 23, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE webinar will offer creditors' counsel techniques for piercing asset protection plans both in and outside of bankruptcy. The panel will identify commonly used asset protection schemes, offer guidance for proving they are defective or made with the intent to hinder or delay, and discuss collection strategies.
Mr. Garner has practiced law since 2010 and has focused his practice on commercial and business litigation, including bankruptcy and real estate litigation. He also serves as a court-appointed receiver and assist judgment creditors in the collection of judgments. Mr. Garner is proud to serve as a Judge Advocate in the United States Army Reserve. Prior to law school, he developed his business acumen working as a financial risk manager and analyst for petrochemical companies, as well as an operations engineer for international chemical companies.
Mr. Simmons is a litigation partner in the Waldron & Schneider Law Firm and was admitted to practice in May 2000. Since starting his practice, he has focused on civil litigation and trial, regularly taking lawsuits to trial. Mr. Simmons’ cases cover a broad spectrum of civil litigation including such areas as commercial litigation, bankruptcy litigation, construction and surety law, personal injury, wrongful death, breach of contract, and first party bad faith insurance claims. Since starting his practice, he has directly resolved hundreds of cases through trial, summary judgment, arbitration and settlement, with more than 30 trials as first chair. Mr. Simmons has worked on numerous complex business disputes, complex bankruptcies, multi-party construction cases, and defended several wrongful death and significant personal injury cases.
Mr. Vilaplana is a business reorganization attorney focusing on the handling of insolvency matters, particularly complicated business bankruptcies and international transactions. His experience includes representing businesses in multiple fields, from medical device companies to agricultural producers in chapter 11 cases. He represents creditors, debtors as well as official committees in chapter 11 cases and he has also represented state court receivers and assignees for the benefit of creditors. He is also well versed on cross-border transactional matters, specifically involving Mexico and Canada.
Little can be more frustrating to creditors than running into an asset protection plan and feeling like recovery has hit a dead end. But these arrangements often can be invalidated and assets recovered. Just like prudent estate plans, asset protection relies on a combination of business entity formation, trusts, statutory exemptions, insurance coverage, and more to reduce risk and preserve assets. But because there is usually a very tenuous business or financial purpose for asset protection arrangements, quick formation, and reluctance to give up control, they can be attacked far more easily.
If the debtor files bankruptcy, the Bankruptcy Code provides creditors, trustees (including post-confirmation trusts), and the U.S. Trustee enhanced investigatory and avoidance powers. Even criminal prosecution for bankruptcy fraud is possible. Keeping transactions and transfers of property secret has never been harder in light of robust reporting requirements under no end of federal statutes. Machine learning and AI make spotting patterns easier and less expensive, and moving assets out of the U.S. is under increasing scrutiny.
Listen as this esteemed panel offers guidance and best practices for piercing through asset protection plans both before and in bankruptcy.
I. Commonly used asset protection arrangements
II. Investigative techniques in bankruptcy
III. Voiding trusts and other transfers
IV. Exemption limitations
V. Interests of non-debtor third-parties
VI. Using AI to detect fraud or patterns of fraud
VII. Planning ahead by making judgments bankruptcy-proof
The panel will review these and other significant issues:
- Are asset protection and estate planning different?
- What is reverse piercing?
- What is the most important step in dealing with trusts?
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