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Tag: contempt

Common Client Questions: Retention of Control

July 31, 2017
Common Client Questions: Retention of Control

This article in our “Common Client Questions” series focuses on a re-emerging trend in the asset protection industry: clients retaining control over asset protection structures. Offshore asset protection planning is effective because of two elements. The first, that the offshore asset protection trust and its assets are beyond the reach of a U.S. court’s jurisdiction. […]

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The Bellinger Case: Civil Contempt and Asset Protection (video)

June 19, 2014
The Bellinger Case: Civil Contempt and Asset Protection (video)

Attorney Howard Rosen explains civil contempt, the applicable law, and how contempt relates to asset protection planning.

Also discussed is the Bellinger case, a recent decision which reaffirms the right of an individual to set up offshore asset protection planning without the fear of a civil contempt order.

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CONTEMPT OF COURT – PART 2: Self-Created Impossibility Defense

May 27, 2014 0 Comments
CONTEMPT OF COURT – PART 2: Self-Created Impossibility Defense

This newsletter discusses contempt of court, and a new case that reaffirms the right to establish offshore trusts without fear of incarceration.

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In re Marciano – an analysis of the impossibility defense in contempt

February 4, 2013 0 Comments
In re Marciano – an analysis of the impossibility defense in contempt

For the past two decades, naysayers jump at any case where a debtor is held in contempt and happens to have a trust, with the overt statement or implication that asset protection planning results in contempt. The most recent case drawing such attention comes to us from California in the form of Marciano, and close analysis reveals very different reasons for the debtor’s incarceration.

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The Jamie Solow Case

The Jamie Solow contempt incarceration case has caused a lot of people to write a lot of articles and offer a lot of opinions – most of which are completely inaccurate. The author, Howard D. Rosen, is one of Mrs. Solow’s attorneys, attended court hearings, testified, and can state with accuracy what actually transpired in this case.

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