Monday, May 10, 2010

Litigation and Asset Protection for Distressed Business Owners

Everyday, we are getting increasing phone calls from business clients that are suffering as a result of this economy. Small business owners are facing extreme pressures from their creditors and on their business. Many small business owners are being sued by their vendors/creditors, employees, and many other liability concerns.

Often I hear how the business owner has one to three real estate properties and all of them are in their personal name or held jointly with their spouse. Business owners are facing revenue problems, which are causing them problems with their vendors, credit cards, mortgages, and many other liability issues. Today, I had a business owner visit me that has a couple of lawsuits and owns a total of four (4) real estate properties. Furthermore, this business owner had a judgment that was entered against him in California and he found out about this judgment three (3) days ago. Thus, we are getting this judgment overturned due to a lack of jurisdiction and notice. Moreover, we will set up structures where his creditors cannot access his investment real estate. This will buy him peace of mind and enable him to settle with his creditors for cents on the dollars when it is good for him to settle. Thus, unlike bankruptcy, this small business owner has too much equity in his real estate properties to file bankruptcy. Additionally, property ownership is vital because the real estate market will improve in the near future. Therefore, small business and real estate owners need time to address their affairs. Asset protection increases your bargaining power and protects your assets against liability threats.

How do we do this? We do this by using a private residence trust combined with a special type of LLC. This LLC makes it virtually impossible for a creditor to foreclosure or collect against a small business or real estate owner. Thus, your bargaining power with your creditors increase including your cash flow.

Sean Robertson went to DePaul University College of Law and received his juris doctor in 2003. Sean Robertson received his tax planning expertise by concentrating in tax and LLC tax planning, corporate and asset protection, and advanced estate planning. Our legal fees are extremely reasonable because we operate with minimal overhead. Sean Robertson can be reached at 312-498-6080 or 630-364-2318.

Robertson Law Group, LLC
www.RobertsonLawGroup.com
(312) 498-6080 or (630) 364-2318
RobertsonLawGroup@gmail.com

1 comment:

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