All Forum Posts by: Brian Bradley

@Matthew Olszak first states create state recognized business structures like LLC, LP, Corps, SLLC etc. Hence state legislative law that makes them available in that state. I guess @Scott Smith is not well versed, or any other the other firm nation wide that use them. What fools. 

Branches of the federal government most certainly have recognized Series LLC and given guidance and their role in relation to state legislative law such as the IRS and Tax Courts and case law from tax courts. Lots of IRS Notices and Rev Rul, IRC codes. So sorry you are just WRONG on that one. Way wrong. But you are a Broker, not a lawyer. Makes sense. Their are even federal tax consequence codes from the IRS relating to Series LLC. So, how can they have tax codes, rules, notices, case law and statute if not recognized. Oh wait and more, even bankruptcy opinions and Courts have characterized LLCs as corporations under the Bankruptcy Code that generally are eligible to file a Chapter 7 or Chapter 11 case. I think what you are trying to poorly say is that courts and the law of financially-troubled series LLC is still developing. Not that they don't exist.

@Doug Orchard no problem. you are welcome. 

@Jerry W. I shot back at you after you took your polite shot at me. John was just rude to be rude and not even provoked. You don't call somebody "son" as if lecturing somebody. That is just like saying "right boy". 

I do not think I know it all. More assumptions. That is why I seek education and learning and affiliate with the best firms and pass down education, systems, structures, plans and ideas. FYI, more than one exists, Hence why you have client consults to know your clients situation, assets, risks, and life. More than one way to skin a cat. A Series LLC and Land Trust is just one of the many.

You are not open or receptive. That is fine. Please tell me When did I say my "secret sauce formula" bla bla bla? I did not. So again you place words in my mouth not used. Causing me to correct you, again.  So stop doing that. Its foolish. 

You can't avoid lawsuits. Thats the point. But you make it so hard, time consuming and expensive the case gets settled very fast and cheeper, or not filed at all. 

I can trade insults all day long if somebody wants to insult me and or putting accusations in the form of questions for furthering education. But its not productive. You have a history and pattern of making an argument wrapped in a indictment. I just show it. 

Yes, I always ask for punitive damages, always ask for a jury, always do layers of discovery etc. The point is that all that adds up to hours, and manpower and labor etc that makes cases not valuable any longer. I have tried cases fo free pro bono, on commission, or in $40 million dollar lawsuits. The method is basically the same. This is what the evaluation of a case on the business side is. Asset search into the defendant, likelihood of recovery, amount of expected recovery compared to labor and upfront costs. etc. Even if a plaintiff lawyer on commission, the manpower hours and up-fronts costs can't be more than the projected recovery. Your doors will close fast. Hence why bleeding heart lawyers go out of business. 

Relying on insurance is a false security. Insurance is a business. They don't stay in business by paying claims. They challenge them, reduce them, minimally, pay, or claim fraud and force you to sue them. That is how insurance companies stay in business. That is why their is an area of law called insurance law and insurance lawyers. 

We have 2,000 existing clients in our firm, the other firms we affiliate with that are the largest in the nation, have their own thousands, how can you make an accusation that banks don't loan to investors who have LLC and Trusts? all our our thousand of clients have no issue.

When you transfer into a land trust most banks say nothing, and if the lender has a question, they talk to the lawyer, you tell them it is being transferred into a land trust for asset protection purposes, we handle any issue for the client on our end, and are fine with that. Even if you did not talk to the lender/bank, have you seen a bank rock the boat and call a performing note due? No. Its performing. And they see its a transfer into a land trust for asset protection reasons. Its a non issue. 

When Holding title to property in a land trust is a very secure way of holding title. Land Trusts have been used for centuries. Literally centuries. In this use, with a Series LLC, the child series of the series LLC is grantor and beneficiary. The clients job is to just make sure to get a lawyer that knows how to do it right.

And you keep for some reason speculating and making up these random cost numbers that don't exist. Not all law firms charge like how you say. You speculate a lot in what you say and make huge assumptions. 

the contracting you do with plumbers etc contractors, etc are through another company called and operation company that holds no assets and you are a sole managing member not a CEO or president etc. You are not contracting with anybody personally, your operating company is, and all documents are singed with the company name, and by the managing member. Again,  more layers of separation to force more time and costs and expenses on the opposing side. 

And I have said many times in my replies which you do not seem to understand is the pillar of asset protection. To attack the damage leg of a lawsuit. You are not hiding anything. They are just called anamynity anonymous trusts. What you are rally doing is Just making it very time consuming and expensive to get a judgment.  

As a recap. We have been talking about how not all LLCs are equal, and some structures are better than others. The benefit of an LLC is the limited personal liability unless the corporate veil is pierced. Now, one such structure that is an upgraded LLC is the Series LLC.

The Series LLC acts as the parent company, and you protect your assets and limiting the max damages by placing each asset into individual child series for liability purposes. The assets are protected further by using anonymity land trusts. The system is to attack the most important legs of a potential lawsuit, damages.

Some common misconceptions are in regards to Series LLC's and states that recognize them or not, the issue comes down to each specific state recognizing the LLC "internal liability shield." Not if they have a Series LLC. Every state has an internal liability shield for LLCs and that is what is analyzed in every state.

Another misconception is the Series LLC being new or young. to put perspective of the misconception of the Series LLC being a new entity, it is not. It was first created in 1996 in Delaware. 22 years ago. The traditional LLC first became available in Wyoming in 1977, but most other states did not follow suit until the 1990s). The next state was Delaware in 1991 to enact the LLC. In 1994/5 CA. It was not until 1996 that all states had a LLC. The same year the Series LLC was statutorily crested. Since the Series LLC is an LLC, the law is just an extension of state specific LLC internal liability shield law.

Another misconception is not understanding how Trusts work. Trust work by separating the grantor / settlor (you) from ownership of the assets. It is easy to explain a land trust and how it is used. A real estate land trust is just one of the many types of trusts. A Trust, be it your estate trust or land trust, is any agreement where one party holds property for another party's benefit. The owner of the property never gives up control of the assets, but the trustee becomes the owner of the property. The function of the land trust is to shield the asset owners by separating the grantor from ownership. The anonymous land trust owns the Series LLC as well as serve as the Title Holding Trusts for your real estate assets. This is the power of trusts and why trust are so strong and vastly used. When assets are placed into a trust, they are separate from the settlor, therefore if the settlor is sued, only the individual's personal assets can be pursued. Even the trust assets that are being distributed to the beneficiary are off limits through protective provisions (legal language) in the trust deed.

An added power of anonymous land trusts is that these Anonymous Trusts can own the LLC itself as well as serve as Title Holding Trusts for the real estate asset. Yes, The LLC typically must disclose the members of the LLC on the filing instruments called the Articles of Incorporation. However, the member listed on the filing can be an Anonymous Trust. It's does not have to be your name. Since the Anonymous Trust is a private document and it is not filed with the State, anybody researching the Owner or Beneficiary of the Trust will be unable to find that information in the public records. Additionally, anyone researching the owner of the real estate asset by searching the County Clerk records will only find the name of the Anonymous Land Trust. Since the Owner of Trust and the beneficiary is not registered with the state, they cannot find out that the Series LLC is the beneficiary of that Trust. If they wanted to fight this in court it would take again substantial amount of more time, billable hours, discovery, labor, manpower and money.

Another Misconception. This is only available for the rich. Not true, some firms like mine offer bundle packages and every man Joe affordable rates and family enrollment plans. Firms have modernized and moved away from crazy billable hour rates. Some firms charge just under $3k for this and then a monthly family enrollment fee. Firms are now modernizing their billing structure to compete. 

Another misconception. Asset protection is to avoid taxes and hide property. No, that is not the point of asset protection. That is fraud and your system will be destroyed. Asset Protection has to be tax neutral, and cannot be fraudulent transfers. But you may get tax benefits by using lawful systems.

Ok, but my name is still on the mortgage right. The Mortgage will say whatever it's going to say, but the title wont match the public records which produces doubt, and it will look like an investor acquired the property as a credit sponsor to in turn sell it to investors through a trust.

And their is a misconception of what asset protection actually is. The point of asset protection, with any system, is not to hide assets or avoid taxes, it is to create dams or road blocks, as many as you can, to make the other party, the plaintiff's lawyer have to keep jumping through and spending more money, time and resources. To make it very expensive and labor intensive for them to get a judgment or settlement. To make case settlements happen faster and for less. To limit the maximum amount you can loose. And to make the case not be filed from the onset when possible. 

This is the importance of your team and not DIY this. This is attainable and affordable. You would be working with your lawyer and CPA. When transferring title, your lawyer would be doing the transfer etc for you and consulting you’re your lender if needed and CPA.

@John Clark already had. Go back up and read. Collective learning and using network. And not first year. Been around long enough to be ranked top 100 high risk trial lawyers and super star lawyer, Hmmm must be really good at what I do for that. But maybe we should hire you and your google law degree to teach and consult all of us your insight into the legal field and how 100s of years of knowledge of the largest and best asset protection firms does not compare to your google knowledge and 30 years of genius life experience. You attack and ramble. How much for your rate? Nuff said.  You provide zero actual experience or knowledge on the topic, so stop your uneducated rambling and learn something. But know it alls and google lawyers and doctors and cpas like u accomplish ...? "Son" What a joke. 

@John Clark I would take the hundreds and hundreds of combined years of experience of the successful asset protection firms of our firm and the firms we affiliate with And the top trial lawyers

@John Clark Hundreds when you combine the legal knowledge of the lawyers in the firm and the other asset protection firms that are the oldest long-standing as a protection firms in the nation that we also affiliate with and all of their partners who have hundreds of years of experience combined and legal knowledge to top off of heck just one of those firms have been around for 106 years doing exclusively asset protection in there one of our affiliates so I’m sorry you’re right I’m not the only lawyer and your 30 years of non-legal experience doesn’t make you an expert but are hundreds of combined years of legalHundreds when you combine the legal knowledge of the lawyers in the firm and the other asset protection firms that are the oldest long-standing as a protection firms in the nation that we also affiliate with and all of their partners who have hundreds of years of experience combined and legal knowledge to top off of heck just one of those firms have been around for 106 years doing exclusively asset protection in there one of our affiliates so I’m sorry you’re right I’m not the only lawyer and your 30 years of you non-legal experience doesn’t make you an expert but our hundreds of combined years of legal knowledge Does make up hours one

The point of asset protection, with any system, is not to hide assets or avoid taxes, it is to create dams or road blocks, as many as you can, to make the other party, the plaintiff's lawyer have to keep jumping through. To make it very expensive for them to get a judgment or settlement. To make case settlements happen faster and for less since the opposing side will see how .much time, labor and expense they will have to put into the case to begin with for an uncertain award that will be less. To limit the maximum amount you can loose. But limiting the max amount is the last result. The real result is to stop the lawsuit before filed. This is done by taking away the three essential pillars of a lawsuit. (what is needed to make a case worth a lawyers time) DAMAGES. Law and facts are easy to fabricate and anyone can find a basis to sue. This is why you attack the third leg, DAMAGES. Unless its a self-righteous lawsuit for vindication, the case is worthless. That is how insurance, umbrella policies, LLCs, trusts etc all work. they are the dams or road blocks. 

@John Clark discovery cheep? “son” ? Where did you go to school for manners. You asked me a question I gave you a polit answer and then you insult me by calling me son. You’re not to contentious. You don’t sound like you even know what you’re talking about because were talking about damages relating to cost of a firm in evaluating cases. If you exercise reading comprehension this was explained already politely to you until you insulted me. The basics of how firms decide what cases to follow and file. That is the point of asset protection is to make it economically not worth going after you to stop a lawsuit got on the track or minimize the amount of pay out an easy negotiations not paying out the full amount. Because the cost is not equal to the award basic business. And all of our 2000 clients are all exceptionally happy and all of our 230 leads a week so it’s obviously a time tested method of practice just on Our end And all the other larger asset protection firms call Ben around doing this is well with time tested clients that are all happy son go back to school learn educate yourself before you insult people reply could’ve been very friendly and nice until you decided to have zero respect son

@Kevin Christensen Take your wife along the educational path with you have her start by reading or getting the audio book Rich dad poor dad and the richest man in Babylon start at the foundation with her