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In this video, real estate asset protection attorney Clint Coons covers the importance of charging order protections with LLCs. These protections can easily be lost if your LLC is set up in the wrong state or your operating agreement has improper provisions.
States that allow a creditor to foreclose on your LLC interest i.e., these are very weak asset protection states:
California, Colorado, Florida Single Member LLCs, Hawaii, Idaho, Illinois, Iowa, Indiana (Currently being amended to allow foreclosure 2011 HB 1549), Kansas (Currently being amended to allow foreclosure 2011 HB 2261), Kentucky, Montana, Nebraska, Utah, Vermont, and West Virginia
States where the charging order protection is the only remedy available to a creditor i.e., these are strong asset protection states:
Alaska, Delaware, Florida (Excluding Single Member LLCs), Georgia (Must provide for in operating agreement), Maine, Michigan, Nevada, New Hampshire (Excluding Single Member LLCs) New Jersey, Oklahoma, South Dakota, Texas, and Wyoming
States that offer anonymity for LLC owners:
Delaware, Nevada, New Mexico, and Wyoming
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ABOUT CLINT COONS
Clint Coons, Esq. is one of the founding partners of Anderson Law Group, Clint has grown his legal and tax firm to over 400 employees by assisting real estate investors with creating and implementing solid entity structuring plans. His success in these regards is in large part due to his personal investing experience. A successful attorney, real estate investor, and speaker, Clint has used his innovative and dynamic strategies coupled with knowledge borne from experience to help thousands of people save millions of dollars and build real wealth.
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The information provided in this video should not be construed or relied on as legal advice for any specific fact or circumstance. Its content was prepared by Anderson Business Advisors with its main office at 3225 McLeod Drive Suite 100 Las Vegas, Nevada 89121. This video is designed for entertainment and information purposes only. Viewing this video does not create an attorney-client relationship with Anderson Business Advisors or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice.