John E. Sullivan III

John E. Sullivan III is a founding member of the law firm of Sullivan & Sullivan, Ltd.  Mr. Sullivan represents debtors, creditors, and other interested parties in collections, bankruptcy and asset protection matters.  As part of his practice, he advises clients on the use of onshore and offshore trusts and companies as well as the use of U.S. exempt property laws, and is actively involved in structuring and implementing asset protection plans.  He is also involved in estate and probate matters.  Mr. Sullivan frequently speaks on matters related to asset protection and asset recovery, and has numerous publications to his credit, including a law review article cited in the annotations to the Uniform Fraudulent Transfers Act and another law review article cited in the official Commissioner’s Comments to the Uniform Trust Code.

                                                                      Education

●          Boston College, 1980 (B.A. in History and Economics)

●          The University of Texas School of Law, 1984 (J.D.)

                                           Professional Organizations and Affiliations

Mr Sullivan is a member of the International Tax Planning Association.

Mr. Sullivan has been a guest lecturer in the International Business Organizations Course taught at Case Western Reserve University Law School (Cleveland, OH), has served as a peer reviewer for Oxford University Press in connection with a proposed academic text on anti-money laundering issues, and participated in the American Enterprise Institute’s 2007 Roundtable on Regulatory Competition and Offshore Financial Centers.

                                                         Types of Matters Handled

Mr. Sullivan’s practice consists primarily of asset protection planning, estate planning, related business and tax planning, workouts, and voluntary taxpayer compliance in connection with previously undisclosed offshore vehicles (i.e., trusts, corporations, bank accounts, etc.)

Mr. Sullivan also occasionally serves as an expert witness in asset protection or debtor-creditor suits.

Mr. Sullivan’s prior litigation experience gives him a perspective on planning matters that most planners lack, including a litigator’s appreciation of discovery rules, jurisdictional questions, and post-judgment collection issues that can be highly relevant to designing or evaluating an asset protection plan.

Current Planning, Probate and Tax Compliance Areas:

            Foreign and Domestic Asset Protection Trusts             Estate Planning (Wills, Trusts, etc.)

            Foreign and Domestic LLC’s                                       Trust Administration

            Repatriation of Foreign Entities and Funds                  Advanced Health Care Directives

            Voluntary Tax Compliance vis-a-vis IRS                     Exempt Property Planning

            Business and Tax Planning                                          Property Titling

            Notes, Guaranties, and Cognovits                                Secured Transactions

            Receivership Income Tax Issues                                  Workouts

Prior Litigation Experience:

            Asset Recovery                                                            Bankruptcy

            Complex Discovery                                                     Civil RICO

                                          John E. Sullivan III: Publications and Cases

Law Review Articles:

Gutting the Rule Against Self-Settled Trusts: How the New Delaware Trust Law Competes With Offshore Trusts, 23 Delaware J. Corp. Law 423 (1998): Cited by the National Conference of Commissioners On Uniform State Laws in the Official Comments to § 505 of the Uniform Trust Code.

Future Creditors and Fraudulent Transfers . . . Important Limits to Fraudulent Transfers Law for the Asset Protection Planner, 22 Delaware J. Corp. Law 955 (1997): Cited in annotations to 7A Uniform Laws Annotated, Part II, Uniform Fraudulent Transfers Act (1999).  Favorably cited and quoted in In re Bergman, 293 B.R. 580 (Bank. W.D. N.Y. 2003)

Book. Treatise, Or Article Co-Author:

Loeffler & Sullivan, Ohio LLCs After Florida’s Olmstead Decision: Why Ohio LLCs are No Good Anymore, How to Fix Them, and What To Do Until They’re Fixed, Probate Law Journal of Ohio, Vol. 21, No. 2, p. 66 (November/December 2010) (regarding LLC and LP charging order issues in wake of Florida’s controversial Olmstead decision).

Nenno & Sullivan, Domestic Asset Protection Trusts, BNA 868-1st T.M. (2010) (providing a detailed analysis of various asset protection trusts statutes adopted throughout the U.S.).

Farr, Nenno, Rothschild, Sullivan and Terrill, Planning and Defending Asset-Protection Trusts, published by American Law Institute-American Bar Association Committee on Continuing Professional Education (2009) (contributing co-author with Richard Nenno, Esq., of sizable chapter regarding domestic U.S. asset protection trusts).

Diamond, Diamond & Sullivan, International Trust Laws & Analysis, published by Kluwer Law International (1998 to 2007; includes prior time as contributing editor).

Book or Treatise Contributing Author:

Asset Protection Strategies:  Wealth Preservation Planning with Domestic and Offshore Entities, Volume II  (Alexander Bove, Editor)  (2005)  (Author of Chapter 18, Money Laundering, RICO, Aiding and Abetting, and Related Due Diligence Concerns for U.S. Asset Protection Planners [Or . . . Why What You Don’t Know Can Really Hurt You]), published by American Bar Association.

Asset Protection Strategies (Planning with Domestic and Offshore Entities) (Alexander Bove, Editor) (2002) (Author of Chapter 19, The Often Overlooked Role of Disclosure In Asset Protection Planning), published by American Bar Association.

Feature Pieces:

New Rules, Old Game, Trusts & Estates, Perspectives Column (Primedia), Vol. 144, No. 6, June 2005, p. 59 (regarding asset protection after bankruptcy amendments of BAPA 2005).

The Often Overlooked Role of Disclosure In Asset Protection Planning: Part II, The Asset Protection Journal (Aspen Publishing, Inc.), Summer 2000, Vol. 2, No. 2, p.1, included in American Bar Association compendium on asset protection planning.

The Often Overlooked Role of Disclosure In Asset Protection Planning: Part I, The Asset Protection Journal (Aspen Publishing, Inc.), Spring 2000, Vol. 2, No. 1, p.1, included in American Bar Association compendium on asset protection planning.

Recognized:

Named as one of the “Top 100 Attorneys” in the United States, Robb Report’s Worth Magazine, December 2005.

Mr. Sullivan has made numerous presentations regarding asset protection and debtor-creditor issues, many of them having been delivered for professional continuing education credit, and some having been delivered “in house” to accounting or law firms.  His presentations include appearances in Ohio, Illinois, New York, California, and Nevada, and the presentation sponsors include the American Bar Association, the Ohio State Bar Association, the Chicago Bar Association, and the Southern California Tax Institute.

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