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)
Bagwell v. Bagwell
812 So. 2d 854 (Louisiana Court of Appeal, 2002)
Succession of McLean
580 So. 2d 935 (Louisiana Court of Appeal, 1991)
Brown v. Schwegmann
990 So. 2d 1282 (Louisiana Court of Appeal, 2008)
Littleton v. Moss
914 So. 2d 51 (Louisiana Court of Appeal, 2005)
Legislative History
Acts 2004, No. 521, §2; Acts 2010, No. 457, §1.
Nearby Sections
15
§ 9:2001
§ 9:2001§ 9:2002
Restraint upon alienation§ 9:2003
Form§ 9:2006
Exemption from seizure§ 9:2007
Use of words "spendthrift trust"§ 9:201
§ 9:201§ 9:2011
§ 9:2011§ 9:2014
Number of settlors allowed§ 9:2021
§ 9:2021