Perspective
Feb. 11, 2017
Bankruptcy's spendthrift trust exception: mandatory or permissive?
Failure to argue entitlement to a spendthrift exclusion could negatively affect a client's ability to shield their spendthrift trust from creditors in the event of a bankruptcy. By James P. Menton Jr. and Kevin D. Meek
James P. Menton Jr.
partner
Robins Kaplan LLP
2049 Century Park E Ste 3400
Los Angeles , CA 90067-3208
Phone: (310) 229-5813
Fax: (310) 229-5800
Email: JMenton@RobinsKaplan.com
UCLA Law School
James P. Menton Jr. is a partner in the Los Angeles office of Robins Kaplan LLP
Estate planning attorneys work tirelessly for their clients, taking into account myriad complex issues. Despite these efforts, even the best-laid plans can be adversely affected when a beneficiary files for bankruptcy. As the debtors discovered in Scott v. King (In re Amerson), 839 F.3d 1290 (10th Cir. 2016), the existence of a valid spendthrift trust does not necessarily prevent the debtor's ben...
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