Legal Opinion
McMullen v. Haycock
California Court of Appeal
Decided February 13, 2007No. B187748PublishedCited by 8 opinions
1Opinion of the Court
Opinion
SUZUKAWA, J.
Under California law, assets held in private retirement plans are fully exempt from execution, both before and after distribution to the judgment debtor. (Code Civ. Proc., § 704.115, subds. (b), (d).) Individual retirement accounts (IRA’s), however, are exempt only to the extent “necessary to provide for the support of the judgment debtor when the judgment debtor retires and for the support of the spouse and dependents of the judgment debtor, taking into account all resources that are likely to be available for the support of the judgment debtor when the judgment debtor…
2Cases cited6 opinions
- People v. CrittendenCalifornia Supreme Court · 1994
- Cummins, Inc. v. Superior CourtCalifornia Supreme Court · 2005
- Yaesu Electronics Corp. v. TamuraCalifornia Court of Appeal · 1994
- Schwartzman v. WilshinskyCalifornia Court of Appeal · 1996
- Deutch v. HoffmanCalifornia Court of Appeal · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pga W. Residential Ass'n, Inc. v. Hulven Int'l, Inc., California Court of Appeal, 5th District2017
- Simson v. Burkart (In Re Simpson)Court of Appeals for the Ninth Circuit · 2009
- Edwin Elliott v. Pacific Western BankCourt of Appeals for the Ninth Circuit · 2020
- O'Brien v. AMBS Diagnostics, LLCCalifornia Court of Appeal · 2019
- O'Brien v. Ambs Diagnostics, LLC, California Court of Appeal, 5th District2019
3 more not listed; retrieve them via the Exa API.