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Fraudulent Transfer ClaimsFraudulent Transfer Claims

The first bankruptcy case involving an Alaska asset protection trust (APT), In re Mortensen,1 has been decided. This case (we'll refer to it as Mortensen II, as it was the second of three related rulings) revolved around the February 2005 settlement of an Alaska APT by Thomas Mortensen and his transfer of a Seldovia, Alaska real estate parcel into the APT at the time of settlement. Thomas thereafter

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John E. Sullivan, Mark Merricand 2 more

December 1, 2011

27 Min Read
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John E. Sullivan III, Mark Merric, Robert D. Gillen, Alexander A. Bove, Jr. & Richard W. Nenno

The first bankruptcy case involving an Alaska asset protection trust (APT), In re Mortensen,1 has been decided. This case (we'll refer to it as Mortensen II, as it was the second of three related rulings) revolved around the February 2005 settlement of an Alaska APT by Thomas Mortensen and his transfer of a Seldovia, Alaska real estate parcel into the APT at the time of settlement. Thomas thereafter filed bankruptcy in August 2009, and the bankruptcy trustee sued to set aside the Seldovia transaction on the grounds that it was a fraudulent transfer. Relying on Section 548(e) of the Bankruptcy Code, the bankruptcy court agreed with the trustee an...

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About the Authors

John E. Sullivan

Founder, Sullivan & Sullivan Ltd.

 

John E. Sullivan III is a founding member of the law firm of Sullivan & Sullivan, Ltd.  Mr. Sullivan represents debtors, creditors, and other interested parties in collections, bankruptcy and asset protection matters.  As part of his practice, he advises clients on the use of onshore and offshore trusts and companies as well as the use of U.S. exempt property laws, and is actively involved in structuring and implementing asset protection plans.  He is also involved in estate and probate matters.  Mr. Sullivan frequently speaks on matters related to asset protection and asset recovery, and has numerous publications to his credit, including a law review article cited in the annotations to the Uniform Fraudulent Transfers Act and another law review article cited in the official Commissioner’s Comments to the Uniform Trust Code.

Mark Merric

Manager

http://www.internationalcounselor.com/

 

Mr. Merric is the manager of the Merric Law Firm, LLC, a manager of the Alliance of International Legal Counselors, LLC, and a manager of China-U.S. Import Export Sourcing Company. He is active in the areas of domestic and offshore asset protection, domestic and international estate planning and international business transactions. Prior to practicing as an attorney, Mark Merric developed a strong business background practicing as a Certified Public Accountant for over twelve years. During this time, he worked for a Final Four Accounting Firm, two local accounting firms, and managed his own accounting firm.

Alexander A. Bove Jr.

Attorney, Bove & Langa P.C.

Alexander Bove is a widely known and respected trust and estate attorney with over thirty years experience. In 1998 he was admitted to practice in England and Wales. Alexander has been quoted in the New York Times, The Wall Street Journal, Business Week, Worth, Forbes, Money, and Fortune as an authority on trusts and estate planning and asset protection planning. From 1973 to 1995 he authored the widely acclaimed legal and financial column, "The Family Money", for the Boston Globe. He has published several books on subjects of estate planning, asset protection planning, taxes, trusts and estates. An internationally known lecturer in his fields of expertise, Mr. Bove has lectured at the annual Heckerling Tax Institute, annual meetings of the American College of Trust & Estate Counsel (ACTEC), the Association of Advanced Life Underwriters (AALU), The Million Dollar Round Table (MDRT), Top of the Table, The Annual Notre Dame Estate Planning Institute, and The International Academy of Estate and Trust Law.