Riser Adkisson LLP Attorneys  
WEBSITE INFORMATION WHERE WE PRACTICE
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APPEARANCES OKLAHOMA
CONTACT TEXAS
 

 

PLANNING COMPLIANCE LITIGATION

 

Practice Areas*

PLANNING

ASSET PROTECTION

Beneficiary-Taxed Irrevocable Trust

Billing & Collection Company

Closely-Held Insurance Company

Domestic Asset Protection Trusts

Family Limited Partnerships

Foreign Asset Protection Trusts

Modular Asset Protection

Nevada Corporation and LLC Remediation

Non-Qualified Personal Residence Trust

RetireZ Non-Qualified Private Retirement Plan

Series LLC

Synthetic Roth

Xtreme LLC

 

CAPTIVE INSURANCE

ESTATE PLANNING

INTERNATIONAL PLANNING

TAX PLANNING

 

COMPLIANCE

FINANCIAL DUE DILIGENCE

SECURITIES COMPLIANCE

 

LITIGATION

JUDGMENT COLLECTION

AND CREDITOR-DEBTOR

COMMERCIAL LITIGATION

SECURITIES LITIGATION

 

* Please note that no attorney of the firm has sought board certification by any state as a specialist in any area of practice, and no attorney of the firm claims to be a specialist in any practice area.

 

 

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Personal Guarantees

The firm litigates cases involving personal guarantees, both from the creditor's side and debtor's side.

A personal guarantee is the pledge of all one's worldly assets to back the payment of a certain debt or contingent liability. In other words, the personal guarantor tells the lender, "Whatever assets that I have in the whole world are yours in case the borrower doesn't pay.

Personal Guarantee

Personal guarantees are very serious, and should not be made lightly. However, some persons such as real estate investors get into the habit of making personal guarantees to obtain credit and thus leverage their wealth. The problem is that personal guarantees can totally wipe out their wealth even more quickly than it can make them wealthy.

Personal guarantees can sometimes be avoided. Some common examples of where the personal guarantor might have a defense include:

  • The original contract was illegal or voidable, for some reason such as contract of adhesion, illegality, fraud, usury, etc.

  • The guarantee was procured by the fraud of the lender.

  • The terms of the original loan were materially changed without the consent of the guarantor.

  • The lender has pursued the guarantor first, without attempting to satisfy the debt against the borrower, or has otherwise treated the guarantor as the primary borrower.

Because of these defenses, litigation involving personal guarantees is very common.

The attorneys of our firm have experience in litigating cases involving personal guarantees. Please call our new client coordinator at 877-698-0678 for more information.

 

 

The All-Time Bestseller
on Asset Protection Planning
by Jay Adkisson and Chris Riser
Asset Protection:
Concepts & Strategies
,
by Jay D. Adkisson
and Christopher M. Riser
 

Available at

Amazon.com and Barnes & Noble

- - - - - - - - - - - - - -
 
The All-Time Bestseller on
Captive Insurance Companies
by Jay Adkisson
Captive Insurance Company Book
Adkisson's Captive
Insurance Companies
,
by Jay D. Adkisson
 
Available at
Amazon and Barnes & Noble
 

 

 

NEW CLIENTS

Those desiring to be clients of the firm should call

949.629.1176

to schedule a brief free call with a partner of the firm. We do not answer general questions by phone. General questions directed to the firm should be e-mailed to:

questions  >at<  risad.com

 

 

 

 

 

 

© 2008 by Riser Adkisson LLP. All rights reserved. This website may not be reproduced in whole or in any part without the express written permission of Riser Adkisson LLP.  The firm's attorney who is responsible for this website is Jay Adkisson. Issues regarding this website should be directed to Mr. Adkisson by fax to 877.698.0678 or by mail to 100 Bayview Circle, Suite 210, Newport Beach, CA 92660.

Riser Adkisson LLP does not practice in any jurisdiction unless one its attorneys has been admitted to practice there, or an attorney of the firm has been properly admitted pro hac vice according to the local court rules of that state. Nothing in this website should be construed to be any advertisement for legal services directed to a state wherein Riser Adkisson LLP is not admitted to practice. Nothing in this website is any substitute for the services of a licensed attorney in the relevant jurisdiction.  Persons resident in a state where Riser Adkisson LLP does not have an attorney regularly admitted to practice law should consult with their own local licensed attorney about that attorney retaining Riser Adkisson LLP to assist the local attorney with any client matters that such attorney believes our services and advice would be helpful.

The information given in this website does not constitute legal or accounting advice or opinion, and should not be relied upon for any planning purposes. It is provided solely and exclusively for general, non-specific educational purposes, and to advise the reader of the nature of the services offered individually by us. Planning of this nature is necessarily very circumstance-specific and therefore it would be dangerous to apply the very general rules described herein to any singular fact-pattern. Prudence demands that you consult with an experienced professional licensed in your state before attempting any of the planning techniques described herein. Additionally, the information given in this website is not meant to be a substitute for legal representation. You should consult with your local attorney regarding your suitability for the techniques stated herein under your local laws.

Except as may be specifically described in a fully-executed client engagement letter, Riser Adkisson is not your counsel and you will not rely upon Riser Adkisson LLP for any advice, counsel or suggestions as to the proposed or actual tax treatment of any transaction. Likewise, Riser Adkisson LLP does not make any guarantees or assurances in connection with any product, transaction or strategy discussed by Riser Adkisson LLP. Prudence demands that you retain independent professional tax counsel to objectively advise you on any tax consequences of any product, transaction or strategy discussed by Riser Adkisson LLP. Prudence also demands that you retain appropriately qualified and independent tax professionals to advise you of your tax compliance and reporting requirements.

To ensure compliance with requirements imposed by the IRS in Circular 230, we must inform you that any tax advice on this website is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or other matter addressed herein.