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	<title>JP Fernandes, Small Business Lawyer &#187; assets</title>
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		<title>Protecting Your Assets</title>
		<link>http://www.businesslawyerofmilwaukee.com/2009/09/23/protecting-your-assets/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=protecting-your-assets</link>
		<comments>http://www.businesslawyerofmilwaukee.com/2009/09/23/protecting-your-assets/#comments</comments>
		<pubDate>Wed, 23 Sep 2009 21:15:46 +0000</pubDate>
		<dc:creator>JPF</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[assets]]></category>
		<category><![CDATA[creditors]]></category>
		<category><![CDATA[marital agreement]]></category>
		<category><![CDATA[protection]]></category>

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		<description><![CDATA[I was talking with an acquaintance of mine who brought up a problem. His wife, who had a daughter from a previous marriage, was in quite a bit of financial trouble and refused to even consider the possibility of bankruptcy. She had fallen into some investment properties and was upside down in all of them [...]]]></description>
			<content:encoded><![CDATA[<p>I was talking with an acquaintance of mine who brought up a problem.  His wife, who had a daughter from a previous marriage, was in quite a bit of financial trouble and refused to even consider the possibility of bankruptcy.  She had fallen into some investment properties and was upside down in all of them to the tune of about $1 million.  Her mother had literally cashed in everything she had and devoted a significant part of her wages to keeping her daughter afloat.  My friend didn&#8217;t want his assets exposed or otherwise available as collateral because his wife was about to cosign part of a workout plan for her daughters loans.  The couple is nearing retirement and the husband simply can not afford to put his good money after her bad money.  Since he could not talk his wife out of her desire to be drawn further into this web of debt.  He wanted to know what he could do to protect his assets.</p>
<p>I told him that a marital property agreement opting out of certain provisions of the marital property laws would limit (as much as possible) the ability of his Step-Daughter/Wife’s soon to be creditor’s ability to reach his assets or income in order to satisfy the debts incurred through the pending &#8220;loan workout.&#8221;  Most importantly I said, any such agreement is not binding on the creditor unless the creditor has actual notice and a copy of the agreement before the credit was extended; otherwise any protection he might have had was now gone.  He took my advice and we’ll have to see how things shake out for him.</p>
<p>Protecting your personal or business assets as much as possible is important in today’s world and should be explored a little planning now can save a lot of money later.  Contact The Fernandes Law Firm with any questions you may have.</p>
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