California Court of Appeal

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O'Brien v. AMBS Diagnostics, LLC, 288072

Reversed. Plaintiff, a judgment creditor, sought to collect a debt from Defendant’s individual retirement account. In an effort to protect assets, Defendant formed a new LLC and directed individual retirement accounts be transferred to a 401k plan. Appeals court held that individual retirement accounts are only partially shielded from levy and that the transfer to 401k did not make them fully exempt from levy.

Appellate Information

  • Decided
  • Published 2019/08/08

Judges

  • Hoffstadt

Court

  • California Court of Appeal

Counsel