Thus, the Theory fails on this basis, and the DAPT will not protect the California property.
All the while, BNY Mellon continuing to serve as a trustee of the DAPT.
FORBES: As An Asset Protection Trust, Henry's Trust Was A Notable Failure
This is the shortest duration of DAPT for any major drug eluting stent (DES) in Europe.
FORBES: Xience Stents Gain European Nod For Three-Month Dual Antiplatelet Therapy
But Domestic Asset Protection Trusts might not be effective as to assets held in a non-DAPT state.
With a DAPT, a failure under domestic law will very likely lead to creditors taking the goods.
The ice starts cracking, however, as DAPTs are marketed and sold persons living outside, and with their assets outside, DAPT states.
Perhaps this problem will someday care of itself as more and more states adopt DAPT laws, but that someday is not now.
However, DAPTs have proven to be popular at least with planners, and the number of states with DAPT laws has been steadily expanding.
For clients who are not resident in a DAPT state, however, the use of DAPTs lies somewhere on the continuum between aggressive and insane.
FORBES: The One Foreign Asset Protection Trust 'Win' Turns Out To Be A Dud
Henry created a self-settled Delaware Domestic Asset Protection Trust (DAPT) for himself, with BNY Mellon as a Trustee and his lawyer as a co-Trustee.
FORBES: As An Asset Protection Trust, Henry's Trust Was A Notable Failure
The point is that a creditor could get a similar injunction that keeps the settlor and beneficiaries of a DAPT from receiving assets from the trust.
FORBES: The One Foreign Asset Protection Trust 'Win' Turns Out To Be A Dud
Long-term DAPT use can lead to additional safety risks, such as increased bleeding events, which is why shorter-term duration of DAPT may be meaningful for patients.
FORBES: Xience Stents Gain European Nod For Three-Month Dual Antiplatelet Therapy
Reducing the amount of time patients need to remain on DAPT can have a significant impact on patient health and may lead to decreased health care costs.
FORBES: Xience Stents Gain European Nod For Three-Month Dual Antiplatelet Therapy
Since many folks seeking asset protection have most of their asset in their home or other real estate, this makes DAPTs unattractive for asset protection in non-DAPT states.
If this marketing were confined to persons and assets located within a DAPT state, then no choice-of-law issues would arise and the problem would at best be minimal.
The first obvious problem is that for the courts of the DAPT state to enter a Declaratory Judgment against the Creditor, the DAPT state must have personal jurisdiction over the creditor.
However, a Debtor could always move to a DAPT state before the creditor begins to enforce the judgment, and in that event the laws of the DAPT state would likely apply.
In addition, having a shorter DAPT duration after stent implantation may be beneficial in case a patient needs to interrupt or discontinue the medication prior to surgery or for other considerations.
FORBES: Xience Stents Gain European Nod For Three-Month Dual Antiplatelet Therapy
The most recent European Society of Cardiology (ESC) guidelines for myocardial revascularization, which were published in 2010, recommend that patients treated with a DES remain on DAPT for six to 12 months.
FORBES: Xience Stents Gain European Nod For Three-Month Dual Antiplatelet Therapy
There was serious skepticism at that time that the laws of the state where the DAPT was formed would trump for choice-of-law purposes the laws of where the debtor or trust assets were located.
Where it gets interesting is where the Debtor has assets in the DAPT state, but under the terms of the trust document, the Debtor has no ability to return them to the non-DAPT state where he resides.
There is an open question as to whether the courts of a non-DAPT state can compel the return of asset from the DAPT state to the non-DAPT state so that those assets are available to creditors, i.e.
There is no reason why a DAPT is any better in this regard, and the courts of the state where a DAPT is domiciled would probably be required to give Full Faith and Credit to such an injunction.
FORBES: The One Foreign Asset Protection Trust 'Win' Turns Out To Be A Dud
In such a case, it is clear that the courts of the non-DAPT state can allow the Creditor to enforce the judgment against that property, regardless of whether it is held in a DAPT in a DAPT state.
Data presented at the EuroPCR 2012 congress this week demonstrated that in more than 10, 000 real-world patients treated with XIENCE PRIME and XIENCE V, no cases of stent thrombosis were reported in patients who discontinued DAPT after three months post-stent implantation.
FORBES: Xience Stents Gain European Nod For Three-Month Dual Antiplatelet Therapy
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