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Index
Cover
Title Page
Copyright
Dedication
Acknowledgments
Contents
Introduction
Tales of Chicken Delight
Section 1: Hors D’oeuvres
Chapter 1: Arrows and “Xs” on the Treasure Map
Chapter 2: A Preview
Section 2: The Foundations
Chapter 1: The Basics of Law and Business—Civil Law, Practice, and Procedure
Chapter 2: The Basic Terms of Real Estate, Bankruptcy, Accounting, and Law
Chapter 3: Real Estate Buzzwords
Chapter 4: Deeds of Trust and Mortgages, Title Insurance, and the County Recorder
Chapter 5: Real Estate Titles and Why They Are Important
Chapter 6: Phony Baloney Mortgages, Liens, and Lies
Chapter 7: Amortization Tables
Chapter 8: Residential Lending Standards and the Foreclosure Process
Chapter 9: Appraisals and Transfer Taxes
Chapter 10: Stated Income Loans
Chapter 11: The URLA Is the Treasure Map
Chapter 12: Community Property
Chapter 13: Asset Protection Makes Its Debut
Chapter 14: Legal Asset Protection
Chapter 15: Leaving Town Is Another Form of Asset Protection
Chapter 16: Why Does the Debtor Pay and Why Does the Creditor Give Up?
Chapter 17: Don’t Be a Dunce or a Victim
Chapter 18: Liar, Liar, Pants on Fire
Chapter 19: The 50¢ Primer on Alter Ego Liability
Chapter 20: Judges?
Chapter 21: Judgments
Chapter 22: Rudiments of Fraudulent Conveyance Law
Chapter 23: Introduction to Insolvency
Chapter 24: Technology
Section 3: Investigatory Techniques
Chapter 1: Set the Table
Chapter 2: A Pottery Shard Is the Key to Financial Archaeology
Chapter 3: Dinosaur Fossils Teach Us the Power of Inductive Logic
Chapter 4: The Wobble of a Star Suggests a Planetary Companion
Chapter 5: Burning the Trash Leads to UBL
Chapter 6: Denial Is Not a River in Egypt
Chapter 7: Learn How to Track Parallel Dockets
Chapter 8: Sir Isaac Commands You to Watch for the Reaction
Chapter 9: Pottery Shards in the Credit Report
Chapter 10: Tax Liens Are the Wobbling Stars
Chapter 11: The Wizardry of Financial Statement
Chapter 12: Finding Real Money in Old Financial Statements
Chapter 13: The Insider’s Secured Loans Are an Asset Protection
Chapter 14: Olly Olly Oxen Free! Where Can You Find the Financial Records?
Chapter 15: Read the Loan Documents of Third Parties
Chapter 16: Peek-a-Boo, I See You
Chapter 17: If the Entity Is Still Alive, the Entity Might Have Assets
Chapter 18: Yelp Is the New Sherlock Holmes
Chapter 19: Teddy Roosevelt Charged Up San Juan Hill to Become President
Chapter 20: Personal Drive Will Get You What You Want
Section 4: Dangerous and Crazy Persons Lurk Behind the Next Door
Chapter 1: This World Is Full of Crazy Characters, Dangerous Psychopaths, and Clever Lawyers, All of Whom Might Be the Same Person
Chapter 2: The Good Old Days Offered You Half a Hand
Chapter 3: Barbary Coast Justice
Chapter 4: Getting an Eye Gouged Out
Section 5: Foraging for the Right Ingredients
Chapter 1: Who Is the Debtor and What Is the Debtor?
Chapter 2: Secretary of State
Chapter 3: Fictitious Business Name Filings
Chapter 4: UCC Filings and Real Property Recordings
Chapter 5: State Board of Equalization
Chapter 6: Professional Licenses
Chapter 7: Liquor Licenses
Chapter 8: Regulator’s Site for the Publically Held Companies
Chapter 9: Public Utilities Commission
Chapter 10: U.S. Patent and Trademark Office and U.S. Copyright Office
Chapter 11: Courts and Other Tribunals (Administrative Agencies)
Chapter 12: Credit Reporting Agencies and Search Services
Chapter 13: Checks, Sellers and Buyers of Products, Online Banking Services, and the Brick and Mortar Banks Are Clues, Arrows, and Even “Xs”
Chapter 14: Who Needs James Bond When the Federal Freedom of Information Act and State Sunshine Laws Offer You the Keys to the Kingdom?
FOIA Keys to the Federal Archives
Kicking Open the FOIA Door
What Is Required—Not Much
Get Out Your Checkbook
Chapter 15: Transfers to Trusts Never Work; Transfers to Trust Always Work
Section 6: Marooned on a Desert Island
Chapter 1: Getting Stalled, Stayed or Facing a Bond: Robinson Crusoe Wears Wingtips
Chapter 2: Beating Out the Stay
Chapter 3: The Bond—Shaken and Never Stirred
Chapter 4: Thrown Under the Judgment Bus
Chapter 5: Shooting Yourself in the Foot Ouch!
Chapter 6: Some Judgments Are Empty
Chapter 7: Best Asset Protection in Town
Chapter 8: Why Bother Defending When the Defendant Has Nothing to Lose?
Kiss Me First, Al
Section 7: Finding a Right Home
Chapter 1: The Choice Between Federal and State Court: Choose Wisely, Dr. Jones
Chapter 2: One Court Might Offer More Treasure
Chapter 3: The Power of Discovery: Which Court Is Better?
Chapter 4: Tent Pole Jurisdiction
Section 8: Kitchen Implements and the Grand Techniques to Make a Soufflé
Chapter 1: The Writ of Execution—The Key to Power
Chapter 2: The Writ of Execution Is the Secret Discovery Tool
Chapter 3: Kicking Over the Log and Finding a Pile of Money
Chapter 4: Separating the Debtor from Its Property
Chapter 5: The Moose Club
Chapter 6: Storage Lockers
Chapter 7: God Is My Copilot
Chapter 8: Boats
Chapter 9: As Long as the Property Is Not Per Se Immune, You Can Take Anything
Chapter 10: Credit Card Processors
Chapter 11: Selling Falling Water
Chapter 12: Collecting Big Money for a $12 Investment
Chapter 13: Kicking Grandpa and Grandma Out of Their Homestead—Almost
Chapter 14: What Is a Sheriff’s Deed?
Chapter 15: Laundering Title Documents
Chapter 16: Can You Seize Alimony?
Chapter 17: Monies Due from Factors, Financiers, Escrow Agents, Disbursement Agents
Chapter 18: Funds or Property Held by Bank as Collateral for a Loan or to Secure a Credit Facility
Chapter 19: Can a Judgment Creditor Levy on a Line of Credit?
Chapter 20: Examinations of the Debtor and Third Parties (OEXs) and Postjudgment Discovery
Chapter 21: Can You Serve Hundreds or Thousands of Subpoenas? How?
Chapter 22: Be Fearless and Not Fearful; Be Direct and Be Prepared
Chapter 23: Money Makes the World Go Round, Mein Herr
Chapter 24: Subpoena the Lawyer for Records That Show Payment for Services
Chapter 25: Postjudgment Written Discovery—Federal and State Court
Chapter 26: Getting Tossed Out of Court by the Judge
Chapter 27: Blocking Statutes
Chapter 28: Turnover Orders and Dead Cold Hands, Mr. Heston
Chapter 29: The Great Turnover
Chapter 30: Assignment Orders
Chapter 31: Collecting from Movie Stars and Music Idols
Chapter 32: Big Men Make Big Mistakes, Get Themselves into a World of Hurt, and How to Hide the Money
Chapter 33: You Gotta Make Them Believe
Chapter 34: The Creditor’s Suit
Chapter 35: Receiverships
Chapter 36: Abracadabra Jurisdiction
Chapter 37: Passive Liens
Chapter 38: Remedies
Chapter 39: Platform Litigation Unlocks Access to Power
Chapter 40: Confirmation of Liens and Levies
Chapter 41: The Boogeyman Is Coming to Get You
Section 9: Foolish and Very Stupid People
Chapter 1: What to Do About Jerks
Chapter 2: You Can Bluff Your Way Out
Chapter 3: Terror on the Kitchen Counter
“Oh. You Will Be. You Will Be.”
Can Some Nutcase File Liens Against Me?
The Medium Is the Message
Lawyers, Clients, and Everyone Else Associated with the Filer Are All Targets
Will These Liens Surface?
What Are the Financial and Personal Consequences of These Liens?
Bogus Liens Destroy Lawsuits
The Donut Hole in the Uniform Commercial Code
The UCC Excuse
Chapter 4: Blackmail
Blackmail and the Bright-Line Rule Test
Group 1:
Group 2:
Rules Now Written Far More Clearly
The Line in the Judicial Sand
Section 10: Settlements and Potholes in the Road to Money
Chapter 1: Cash Is King, and Everything Else Is a Joke
Chapter 2: Rudiments of Payment Programs
Chapter 3: Noneconomic Terms and Contempt
Chapter 4: Settlement Negotiations Are Games of Bluffs, Lies, Threats, and Blusters
Chapter 5: Jumping Out of the Settlement Plane Without a Parachute
Chapter 6: How Phony Liens Cower a Party in a Settlement Conference
Chapter 7: When Are You in Contract?
No Deal is Perfect
Chapter 8: The Settlement Is the Grand Bargain
Chapter 9: Remediation in Grand Bargain Strategy
Chapter 10: Making a Settlement Stick
Chapter 11: Potholes in Settlements
Chapter 12: Risks Topple the Vigilant
Section 11: No Money Is No Money
Chapter 1: The Money Is Gone and Learn to Take a Hike from the Case
Chapter 2: Recognize the Debtor as a Thief and Recalibrate the Prospect of Collection
Chapter 3: Poor Man’s Bankruptcy
Chapter 4: Gone with the Wind Is a Generally Accepted Accounting Term
Section 12: The Battle to Save the Assets from Enforcement
Chapter 1: Eating Your Lunch
Chapter 2: Hide Assets in a False or Misleading Name
Chapter 3: Comedy of Errors of First and Middle Names
Chapter 4: Children Can Hide Money
Chapter 5: Parking Money with Spouses and Girlfriends
Chapter 6: Bury the Money with Limited Liability Companies or Partnerships
Chapter 7: Prosecuting the Debtor
Chapter 8: Play Hide and Go Seek
Chapter 9: Names Are the Best Asset-Protection Device
Chapter 10: Safe Harbor Immunizes the Property from Later Attack
Chapter 11: Mother Hubbard Beats Out the Fraudulent Conveyance Lawsuit
Chapter 12: Learn the Tricks of Truly Protecting Assets
Chapter 13: Basic Earmarks of a Fraudulent Conveyance
Chapter 14: How to Unpeel the Onion of the Asset-Protection Scheme
Chapter 15: Irrevocable Trusts Destroyed
Chapter 16: Some Assets Go Out the Back Door
Section 13: Here Is Where You Can Find the Money
Chapter 1: Here Are Your Treasure Maps
Chapter 2: Capturing Real Estate
Chapter 3: Transfer to a Closely Related Entity Is Always Fraudulent
Chapter 4: Badges of Fraud
Chapter 5: The Preliminary Change of Ownership Report
Chapter 6: Bad Deal for the Debtor
When Was the Conveyance Made?
Conveyances in Groups or Batches
What Is Wrong with the Transaction?
Section 14: Trial
Chapter 1: The Easy Enforcement
Chapter 2: Get Ready to Go to Court
Chapter 3: Introduction to Litigation of Claims by Third Parties
Chapter 4: The Third-Party Claim
Chapter 5: Third-Party Claim Trials
Chapter 6: Expert Testimony at a Fraudulent Conveyance Trial
Chapter 7: The Family Law Code Offers Many Tricks
Chapter 8: New Lawsuits and More Lawyers
Section 15: Hide and Seek for Wandering Money
Chapter 1: The Repositories
Chapter 2: Nontraditional Online Banking
Chapter 3: Reverse Credit Card Balances
Chapter 4: Portable Wealth
Chapter 5: One-Stop Shopping
Chapter 6: Captive Insurance Is the Latest and Greatest
Section 16: The Story of If I Did It
Section 17: Secrets of the Chef
Chapter 1: Star Trek Convention
Chapter 2: Do You Really Want to Find the Bank Account?
Chapter 3: Random Levies for Bank
Chapter 4: How to Find a Bank Account
Chapter 5: Fictitious Business Names Mask Money
Section 18: Bills of Lading
Chapter 1: Bills of Lading Are Treasure Maps
Chapter 2: Reaching Offshore Debtors Through U.S. Subsidiaries
Chapter 3: Grabbing Goods off the High Seas—Yo, Ho, Ho and Shiver Me Timbers
Chapter 4: Who Owns the Cargo?
Chapter 5: Getting a Lien on the Cargo
Chapter 6: Looking for the Bank Account in Maritime Records
Section 19: Where Is the Money?
Chapter 1: Retentions Due Contractors
Chapter 2: Ponzi Schemes
Chapter 3: Odds and Ends
Judgments and Suits Due the Debtor
The Recorded Deed of Trust, or UCC, in Favor of the Debtor
How Do I Rid Myself of Fraudulent Conveyances?
Chapter 4: Baseline Information to Discover Assets
Chapter 5: Credit Grantors Have Lots of Information—Just Ask
Chapter 6: The 1099INT Is the “X”
Chapter 7: Canceled Checks, PayPal Disbursements, and Credit Card Statements Are the Pottery Shards
Chapter 8: Reconstructing the Revenue Streams
Chapter 9: Dinosaur Fingernails Unwind Fraudulent Conveyances
Section 20: The Final Frontier, Spock—Bankruptcy
Chapter 1: Ingredients of Bankruptcy
Chapter 2: Paint by the Numbers: Chapters 7, 9, 11, 12, 13, and 15
Chapter 3: When the Debtor Files Bankruptcy, Whoa Nelly!
Chapter 4: Secret Bankruptcies and Beauty Contests
Chapter 5: Embrace Bankruptcy, Martha, and Save Yourself a Crockpot of Dough
Chapter 6: Chasing People Down in Bankruptcy Court
Chapter 7: Debris in the Judicial Slipstream
Chapter 8: Asset Protection in a Mega-Chapter 11
Section 21: You Can’t Eat Soup with a Knife
Index
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