Barry M. Klayman, left, and Mark E. Felger, right. Courtesy photos Court Upholds Garnishment of Beneficiary's Interest in Distributions From a Del. Statutory Trust
In Protech Minerals v. Dugout Team, No. 288, 2021, 2022 WL 4004606 (Del. Sept. 2, 2022), the Delaware Supreme Court affirmed that trust distributions are personal property subject to garnishment. The court declined to consider whether the result would be different if the trust were a spendthrift trust.
October 12, 2022 at 09:00 AM
7 minute read
Commentary
Are distributions from a Delaware statutory trust to beneficial owners subject to garnishment by a creditor? In Protech Minerals v. Dugout Team, No. 288, 2021, 2022 WL 4004606 (Del. Sept. 2, 2022), the Delaware Supreme Court affirmed that trust distributions are personal property subject to garnishment. The court declined to consider whether the result would be different if the trust were a spendthrift trust.
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