J.B. Hunt v. Thornton

J.B. Hunt was a judgment creditor of Robert and Frieda Thornton, who were the trustees and life beneficiaries of five trusts, each of which provided that quarterly distributions be made to the Thorntons until their deaths. J.B. Hunt commenced an action to attach the Thorntons’ interest in future distributions from the trusts and to apply them to the satisfaction of J.B. Hunt’s judgment. The circuit court dismissed the case for failure to state a claim, determining that a creditor may not claim a quarterly distribution until the date it becomes due. On appeal, J.B. Hunt asserted that Ark. Code Ann. 28-73-501 provides that a creditor may reach future distributions from a trust. Appellees argued that although attachments of future distributions may be authorized by section 28-73-501 in some situations, it was not permissible in this case. The Supreme Court affirmed, holding that J.B. Hunt’s complaint improperly sought the Thorntons’ uncertain future distributions from the trusts, and the circuit court did not abuse its discretion in dismissing it. View "J.B. Hunt v. Thornton" on Justia Law