Kinlaw v. Harris

NEWBY, Justice.

This case presents the question whether the trial court erred by declaring defendant’s individual retirement accounts (“IRAs”) exempt from execution and by ordering that any future withdrawals from defendant’s Fidelity IRAs comply with an escrow arrangement. We conclude that the trial court properly applied N.C.G.S. § lC-1601(a)(9) and acted within its broad equitable power. Therefore, we affirm the holding of the Court of Appeals that N.C.G.S. § lC-1601(a)(9) exempts defendant’s IRAs from plaintiff’s judgment against defendant. We reverse, however, the decision of the Court of…