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Ninth Circuit Treads On an Established RightNinth Circuit Treads On an Established Right
In recent years, asset protection planning has won its rightful place as a legitimate specialty, aimed at curtailing the reach of potential, future creditors. Of course, there are still those who believe that it's wrong to ensure against the unknowable and unforeseeable possibility of a future claim. And surely these naysayers are heartened by the U.S. Court of Appeals for the Ninth Circuit's recent
Gideon Rothschild and Daniel S. Rubin, partners, Moses & Singer LLP, New York
In recent years, asset protection planning has won its rightful place as a legitimate specialty, aimed at curtailing the reach of potential, future creditors. Of course, there are still those who believe that it's wrong to ensure against the unknowable and unforeseeable possibility of a future claim. And surely these naysayers are heartened by the U.S. Court of Appeals for the Ninth Circuit's recent decision in United States v. Townley1 — as this ruling might be read for the proposition that planning can never be done, even if solely for protection against potential future creditors.
Fortunately, Townley is much more of an aberration than a restatement of the law...
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