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

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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