New Rules, Old GameNew Rules, Old Game
Pundits are warning that when the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPA) goes into effect this fall (Oct. 17 for most provisions), its clauses on homestead exemptions, pensions and self-settled asset protection trusts will seriously impede, maybe even kill, asset protection planning in this country. Drivel and rot. BAPA changes the rules a bit, but the game continues.
John E. Sullivan III, member, Sullivan & Sullivan Ltd., Cleveland
Pundits are warning that when the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPA) goes into effect this fall (Oct. 17 for most provisions), its clauses on homestead exemptions, pensions and self-settled asset protection trusts will seriously impede, maybe even kill, asset protection planning in this country.
Drivel and rot.
BAPA changes the rules a bit, but the game continues. In fact, the set up in some ways will get better for planners and their clients.
First, some perspective is needed. BAPA is a bankruptcy statute. Most clients won't file bankruptcy, and involuntary bankruptcies are rare for individuals. (See “The Involuntaries,” p. 60.) That means ...
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