Louisiana 2010 Regular Session

Louisiana House Bill HB40 Latest Draft

Bill / Chaptered Version

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CODING: Words in struck through type are deletions from existing law; words underscored
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ACT No. 457
Regular Session, 2010
HOUSE BILL NO. 40
BY REPRESENTATIVE FOIL
AN ACT1
To enact R.S. 9:2005(3), relative to trusts; to provide for seizure of trust assets in certain2
circumstances; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1.  R.S. 9:2005(3) is hereby enacted to read as follows: 5
ยง2005.  Seizure by creditor; special claims6
Notwithstanding any stipulation in the trust instrument to the contrary, the7
proper court, in summary proceedings to which the trustee, the beneficiary, and the8
beneficiary's creditor shall be parties, may permit seizure of any portion of the9
beneficiary's interest in trust income and principal in its discretion and as may be just10
under the circumstances if the claim is based upon a judgment for:11
*          *          *12
(3) Damages arising from a felony criminal offense committed by the13
beneficiary which results in a conviction or a plea of guilty.14
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: