Louisiana Statutes

§ 9:2005 — Seizure by creditor; special claims

Louisiana·Title 9 Civil Code-Ancillaries

Notwithstanding any stipulation in the trust instrument to the contrary, the proper court, in summary proceedings to which the trustee, the beneficiary, and the beneficiary's creditor shall be parties, may permit seizure of any portion of the beneficiary's interest in trust income and principal in its discretion and as may be just under the circumstances if the claim is based upon a judgment for:

(1)Alimony, or maintenance of a person whom the beneficiary is obligated to support;
(2)Necessary services rendered or necessary supplies furnished to the beneficiary or to a person whom the beneficiary is obligated to support; or
(3)Damages arising from a felony criminal offense committed by the beneficiary which results in a conviction or a plea of guilty.

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Related

Read v. United States Ex Rel. Department of Treasury
169 F.3d 243 (Fifth Circuit, 1999)
15 case citations
Bagwell v. Bagwell
812 So. 2d 854 (Louisiana Court of Appeal, 2002)
11 case citations
Succession of McLean
580 So. 2d 935 (Louisiana Court of Appeal, 1991)
8 case citations
Brown v. Schwegmann
990 So. 2d 1282 (Louisiana Court of Appeal, 2008)
4 case citations
Littleton v. Moss
914 So. 2d 51 (Louisiana Court of Appeal, 2005)
1 case citations

Legislative History

Acts 2004, No. 521, §2; Acts 2010, No. 457, §1.

Nearby Sections

15
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