Asset Protection Cases: Why Do Creditors Win?

For many, asset protection is a large concern. Often, creditors who challenge asset protection maneuvers emerge successful. An article in Forbes discusses why it seems that creditor suits are often met with success. It is first important to note that, more often than not, a lawsuit will settle before it goes to trial. Therefore, there are many more cases for which the asset protection maneuvers were successful, however the case did not proceed to trial. For those cases that do proceed to trial, the odds are usually stacked in the favor of the creditor. This is because judges typically want to see their judgments enforced, and feel that the debtor should simply pay the debt rather than waste the court’s time. The longer a case lasts, the more annoyed the judge may get with the debtor. With this in mind, creditors attorneys often look for every opportunity to bring the debtor before the court in an attempt to anger the court. Moreover, if the case is not going well for the creditor, the creditor can simply settle or drop the case. On the other hand, the debtor must litigate regardless of his circumstances, as he has no choice but to keep fighting. For assistance with asset protection planning, call us at 818.956.9200.