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" ... One would think that when the IRS issued Notice 2016-66 and listed captives as a "transaction of interest" that such would have put the kabosh on the states aggressively competing for tax sheltered captive sales, but in fact the last several years have seen the rise of a new regulatory player in this sector, albeit not quite a state: Puerto Rico. The captive programs coming out of Puerto Rico take abusive to an entirely new level, and office of the Puerto Rico insurance commissioner seems to welcome that business with open arms. ... "
" ... These collateral attacks on charging orders may seem silly at a distance, but they are not as uncommon as one might think. A judgment debtor actually has very little in the way of possible defenses against a charging order in the court that issues it, and so starts to look for creative ways to try to undermine the charging order once it has been issued. These collateral attacks are not confined to the federal courts: A debtor who has a charging order issued by the courts of State A against the debtor's interest in an LLC formed in State B will often attempt to bring some sort of action in State B to negate State A's charging order. The Full Faith & Credit clause of the U.S. Constitution usually puts the kabosh to such efforts, but it doesn't keep the debtor from trying, to the great annoyance and expense of the creditor, and often to the annoyance of the judge back in State A as well. ... "