Meet Dr. Dim Bulb

Dr. Dim Bulb was a Pediatric Neurosurgeon. A handsome man of 45, he was a graduate of Jumanji School of Medicine with his residency at the Brain Surgery Hospital of Northhampton. He was recently divorced and had no children. He as six feet tall, lean and dark haired with a tan that spoke of weekends on Nantucket. He had an ample supply of willing women to date and he watched his diet and avoided alcohol and drugs which could impair his surgical talents. He was in this profession for the long haul. His office was in an upscale suburb of Boston and he practiced out of the Boston Municipal Hospital and Clinic.

Dr. Dim Bulb was worried. He still had lots of outstanding student loans from his medical school and college to the tune of $300,000. Further, despite the fact that he was a pediatric neurosurgeon, one of the most elite specialties in the medical profession, his income was severely reduced when he was placed on a fixed rate schedule by the Physicians Review Board which was established in the Health Care Reform Act of 2009. Once his rate was set by this Board for reimbursement by the Government Health Plan every private insurance company followed suit. He wasn’t sure how he was going to make it. Further, his malpractice premiums were $100,000 per year and since no one had passed any malpractice reform in the bill, he was looking at either going without malpractice insurance, or having to pay the piper. He had a 401(k) plan with about $400,000 in it and his home which he owned in his own name since he had recently divorced from his wife of ten years, Bright Bulb. To pay her off and borrowed against the house all but about ten percent of the equity. The house is now under water. However, since then, he was able to put away another $500,000. He was concerned that all that he had worked for over the years would go down the tubes.

Domestic Asset Protection Trusts

We are going to embark over the next week or two on the subject of self-settled Asset Protection Trusts and the future effects of FATCAT (as named by my friend at Deathandtaxes, John T. Nolan) for the Foreign Account Tax Compliance Act of 2009 which is pending before Congress. Self-Settled Domestic Trusts provide little protection against creditors, because while the assets may be in Delaware, the Settlor is still around and a court can use its contempt powers to force the Settlor to get his money back. So, we’ll show this scenario in the case of Dr. Dim Bulb and his efforts at Asset Protection.