Legal Opinion
J.K.C. v. T.W.C.
New York Supreme Court
Decided February 28, 2013PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Richard A. Dollinger, J.
In this matter, an attorney seeks to enforce a charging lien against his former client’s IRA, which was funded through a rollover of her marital share of the husband’s IRA. This application requires the court to determine if a charging lien under the broad language of section 475 of the Judiciary Law can be asserted against an IRA, which is otherwise exempt from creditors’ claims pursuant to CPLR 5205. The clash between these two statutory commands, with competing legislative policy objectives, appears to be an issue of first impression in New York.
T…
2Cases cited45 opinions
- Majauskas v. MajauskasNew York Court of Appeals · 1984
- Boggs v. BoggsSupreme Court of the United States · 1997
- Rousey v. JacowaySupreme Court of the United States · 2005
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Robinson v. . RogersNew York Court of Appeals · 1924
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3Cited by1 opinion
- In re DeWolfeUnited States Bankruptcy Court, W.D. New York · 2013