Posts Tagged ‘Supreme Court’

Inherited IRAs are Not Protected from Judgment Creditors

access_time Posted on: September 2nd, 2022

The Internal Revenue Code defines an IRA as an individual retirement account/ annuity which was acquired because of the death of another person when the recipient was not the surviving spouse.   The Judicial Code protects retirement funds and accounts from attachment or execution by judgment creditors.  Until recently, Pennsylvania Courts had not addressed whether inherited IRAs were subject to that protection. In June, the Pennsylvania Supreme Court denied an appeal from a January 2022 ruling by the Superior Court of Pennsylvania regarding Inherited IRAs.   The issue arose in an Allegheny County garnishment action and was eventually presented before the Pennsylvania… read more »

Eviction Update: SCOTUS Strikes Down CDC Moratorium

access_time Posted on: August 27th, 2021

On August 26, 2021, the Supreme Court of the United States issued a per curiam decision stating that the statute on which the Center for Disease Control relied to issue a moratorium on residential evictions does not grant the CDC the authority that it claims. The court went on to state that it would be a different matter “if Congress had specifically authorized the action that the CDC has taken.”  Instead, the Court stated, the CDC imposed a nationwide eviction moratorium while claiming authority under an old statute which allowed the CDC to implement pest extermination and fumigation. After a… read more »