Legal Opinion
Distressed Holdings, LLC v. Ehrler
Appellate Division of the Supreme Court of the State of New York
Decided December 4, 2013PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Hall, J.
The Exempt Income Protection Act (L 2008, ch 575) was enacted in 2008 for the purpose of protecting judgment debtors from the restraint or execution of certain income which is exempt from debt collection by federal and state law. A major component of the Exempt Income Protection Act was the enactment of CPLR 5222-a, which includes strict procedural rules requiring service of exemption notices and exemption claim forms. Insofar as relevant here, the statutory mechanism requires the attorney for the judgment creditor to serve a judgment debtor’s banking institution…
2Cases cited9 opinions
- Cruz v. TD Bank, N.A.New York Court of Appeals · 2013
- Deary v. Guardian Loan Co., Inc.District Court, S.D. New York · 1982
- Aspen Industries, Inc. v. Marine Midland BankNew York Court of Appeals · 1981
- Cordius Trust v. KUMMERFELD ASSOCIATES, INC.District Court, S.D. New York · 2009
- Warren v. DelaneyAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by5 opinions
- Arias v. Gutman, Mintz, Baker & Sonnenfeldt LLPCourt of Appeals for the Second Circuit · 2017
- Jackson v. Bank of America, N.A.Appellate Division of the Supreme Court of the State of New York · 2017
- GTR Source, LLC v. Zomongo.TV USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2025
- Kantrowitz, Goldhamer & Graifman, P.C. v. SpivackAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Best Energy Power 2015, LLC v. Federal Deposit Ins. Corp.Appellate Division of the Supreme Court of the State of New York · 2023