Contract Terms As Asset Protection

DEBT3, Vol. 25, Issue No. 6, November/December 2010

By David J. Cook

An in-depth analysis of common contractural terms through the prism of hyper-expedited enforcement.

This article discusses how the drafter might inadvertently render the contract “sue and attachment proof,” favoring the buyer of product and probable debtor. The article also explains and explores contractual asset
protection fostered by the creditor (perfectly legal). The debtor will say, “Why commit a fraudulent conveyance, when I can hide behind the creditor’s own contract?

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