Judgment Debtors Ryan Miller and Carey Lampel bring this claim of exemption, contending that their TD Ameritrade Account is exempt from execution.
Financial Statement
CNB contends that the claim of exemption is incomplete because there is no financial statement. A financial statement is required when the property claimed exempt is necessary for the support of the judgment debtor, spouse and dependents. CCP §703.530. Debtors are not making a claim of exemption on that ground, so no financial statement is required.
ERISA and IRC §401(a)(13)
ERISA provides that "[e]ach pension plan shall provide that benefits provided under the plan may not be assigned or alienated." 29 USC §1056(d)(1), see also IRC §401(a)(13).
Although Debtor Lampel and James B. Kerr state in their declarations that the subject Plan has an anti-alienation provision, Judgment Debtors have not provided the Court with a copy of the Plan.[1]
If the content of a writing is in issue, either the original writing or admis
Hearing Date
June 29, 2018
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Judgment Debtors Ryan Miller and Carey Lampel bring this claim of exemption, contending that their TD Ameritrade Account is exempt from execution.
Financial Statement
CNB contends that the claim of exemption is incomplete because there is no financial statement. A financial statement is required when the property claimed exempt is necessary for the support of the judgment debtor, spouse and dependents. CCP §703.530. Debtors are not making a claim of exemption on that ground, so no financial statement is required.
ERISA and IRC §401(a)(13)
ERISA provides that "[e]ach pension plan shall provide that benefits provided under the plan may not be assigned or alienated." 29 USC §1056(d)(1), see also IRC §401(a)(13).
Although Debtor Lampel and James B. Kerr state in their declarations that the subject Plan has an anti-alienation provision, Judgment Debtors have not provided the Court with a copy of the Plan.[1]
If the content of a writing is in issue, either the original writing or admis