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Asset protection in Florida has become something of tremendous value and has become a practice specialty unique to the state. Florida provides a statute which proclaims a large number of assets to be exempt:
The timing or when one purchases these assets is extremely important in determining whether or not the asset is exempt from creditor attack. The timing is what makes the exemption.
This firm does not endorse bankruptcy for a great number of its clients. One should not jump into a bankruptcy without reviewing their assets!
As stated above, one should not jump into a bankruptcy. Instead, it is important that you meet with an attorney, look at your assets, and make the appropriate arrangements with your assets. Florida allows you to appropriately characterize your assets and potentially hold them free of creditor attack. Your assets may be changes so that they are not to be subjected to either creditor attack or a Bankruptcy Trustee attack if one must file a bankruptcy.
The review and protection requires a review of all your assets. When reviewing the issues of asset protection, there are ancillary issues of probate and taxation. Asset protection is a practice where one does more than merely protect you from creditor attack, but attempts to prepare your assets in an ownership interest where they will can be more handily administered in probate and other matters, and continue to be immune from creditor attack.
By having an extensive practice in bankruptcy, and after having received a Masters Degree in taxation, this firm has those whose expertise can handle appropriate asset protection analysis and prepare the assets for said protection.
Because we feel confident that the transfers are deemed not only appropriate but allowable, we do not hesitate in permitting the same to be reviewed by any creditor who seeks to utilize the appropriate procedural remedies for review of the same.
Please be advised that this firm will not participate in any offshore ownership interests of assets and that any transfers or other alterations of ownership interest will be totally open to creditor review.
Keeping your corporate books accurate and complete is extremely important in order to maintain the corporate formalities and dignities.
This firm, at an extremely reasonable charge, will meet with you annually to assure that your corporate books do not get muddied or overlooked. To keep the corporate structure intact can be extremely important. Too often, when litigation ensues, the corporate books are ratty and are not complying with the formalities of Florida statute. Such failures can subject the corporate officers or directors to individual liability. Such is neither wanted nor excusable. Especially, when the cost to maintain the books would be a fraction of the retainer for the litigation. In short, handling your corporate books and paying counsel for same on a yearly fashion, is like paying an insurance policy for your personal protection.
Mortgage Foreclosure Concepts
Upon receipt of the complaint, you ordinarily have 20 days to file a response. However, there are federal rules which would require the response period to be for 30 days. In any event, upon receipt of any complaint, you are highly advised to immediately tender the complaint to an attorney after retaining the services of the same. To hold onto the document for a period in excess of a week could be extremely detrimental and costly for you and your defenses.
Oftentimes, people who file the actions, do not know the serious consequences of the same. There are numerous issues which can be argued in defending the foreclosure. Before this firm, or any firm which recognizes the ramification of a foreclosure defense, encourages a defense to such action, the firm immediately advises the client that the costs and expenses associated with a loss in such action may be born by the client loses and if the home or residence does not have satisfactory equity to cover such. However, not all foreclosures are victorious in favor of the mortgagee (the bank).
Instead, there are rights which you should be aware of provided by both federal and state statute. Those rights will not allow the other party to transfer the costs and fees to you. To exercise those rights, you afford yourself the opportunity to determine what to do with the property, must you may actually have some rights to seek fees of your own. These concepts are not unique and are commonly overlooked by the mortgagees or banks.
This firm has handled mortgage foreclosure defense for a period in excess of 15 years and would kindly review your documents. It is imperative that you bring the entire complaint, including all exhibits attached to the complaint, and bring any and all correspondence between you and the mortgagee prior to any litigation commencing. The request for these documents is imperative.
Fortunately, legislation over the past decade has made handling tax disputes much easier. The rights of taxpayers have grown immensely. The Internal Revenue Service has become a "kinder and gentler" enforcing authority. The interest rates have lessened extremely. The penalties can often be waived if the taxpayer shows good faith in making remedies for past errors.
To handle a tax dispute, you must bring the appropriate documentation. It is probably most advisable that your accountant coordinate with your attorney to determine what documents exist and what needs to be done. Thereafter, contacts will be made with the Internal Revenue Service to determine what it is that they seek and what can be done to fashion a remedy.
Tax disputes have so many methods of being handled. You can handle the dispute in Claims Court (a court which enters many unique rulings on the issues), in the District Court (where you must deposit your liability before having jurisdiction), and in the Tax Court (where no deposit is required but the taxpayer oftentimes does not fare well). If you have other monetary problems associated or not associated with your tax issues, a fourth forum is available: the Bankruptcy Court. Oftentimes, the Bankruptcy Court is the most friendly.
Handling tax disputes is best handled in a non-adversarial fashion. Reviewing the documents and presenting an open case to the taxing authority tends to work most effectively. They are not out there to seek your family heirlooms and other assets. Instead, they want to be paid over a period of time and they are usually extremely reasonable in accepting payment terms.
If you would like to utilize the services of this firm for handling your tax disputes, it is advisable that you originally try to obtain all documents affiliated with your tax disputes from your accountant and meet with counsel. At the time you receive your documents from your accountant, obtain a business card or other documentation regarding your accountant so that your attorney can coordinate the efforts with the tax expert who you have used in the past for your federal liabilities.
Wills and Estates
Planning is the key to all estates.
One thing is certain about all estate planning. Total disclosure is required. Therefore, before you meet with your attorney for planning your estate, you must gather all your documents regarding all of your assets. The same must have a value. Unfortunately, certain things such as family heirlooms and other antiquities may not have value that is easily identifiable. This firm will help coordinate you in obtaining appraisals or other such evaluations for assets which are not ordinarily marketed in the retail sector.
Upon gathering all the information, this firm can determine what it is that your estate would need. Thereafter, you would deliver to this firm your requests. Upon reviewing your requests and contrasting the same against your taxable benefit, this firm can provide you with the appropriate estate planning.
|Robert C. Meyer, P.A.
2223 Coral Way
Specializing in Bankruptcy Law
|Robert C. Meyer|
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