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But, if making such an argument will be sufficiently expensive and time consuming, the creditor may never make it.Practitioners must take into account both the substantive legal issues and the practical aspects of a plan.Asset protection The term "asset protection" is commonly misunderstood.Many believe that it refers to the techniques used to shield a debtor's assets from creditors' claims.For example, R100 000 earned by a trust can be split between five beneficiaries so they earn R20 000 each.Assuming they earn no other income, they would pay no tax as this amount is below the tax threshold.

For example, a creditor may be able to make a successful legal argument that a given structure should not stand, and thus be able to retrieve the debtor's assets.

The more aggressive and knowledgeable the creditor, the more obstacles we need to erect in his path.

The nature of the assets refers to the specific assets owned by the debtor.

Because it is impossible to "bulletproof" a debtor, asset protection involves structures and techniques that make it more difficult and expensive for a creditor to reach a debtor's assets.

The objective is to change the creditor's economic analysis, making the pursuit so difficult and expensive, the creditor will either give up or be willing to negotiate on terms more favourable to the debtor.

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