Fehlhaber v. Fehlhaber ex rel. Estate of Fehlhaber

RONEY, Chief Judge:

In this case, we hold that a judgment-creditor, through a Florida garnishment procedure, can reach the assets of a trust of which the judgment-debtor was both the settlor and the sole beneficiary, and in which capacities he retained complete control over the disposition of the assets of the trust. The trust contained no assets but those of the settlor. The district court reached a contrary decision on the ground that the judgment-debtor’s interest in the trust was only contingent and that under Florida law, garnishment would not reach contingent interests of a judgment…