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PROTECH MINERALS, INC. v. DUGOUT TEAM, LLC

No. 288, 2021.

284 A.3d 369 (2022)

PROTECH MINERALS, INC. and Chul Lim Choe, Defendant Below, Appellants, v. DUGOUT TEAM, LLC, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: September 2, 2022.

Attorney(s) appearing for the Case

Sidney S. Liebesman, Esquire , Beth B. Miller, Esquire , Kasey H. DeSantis Esquire , FOX ROTHSCHILD LLP, Wilmington, Delaware; for Appellants Protech Minerals, Inc. and Chul Lim Choe.

Andrea S. Brooks, Esquire , WILKS LAW, LLC, Wilmington, Delaware; for Appellee Dugout Team, LLC.

Before SEITZ, Chief Justice; VALIHURA and MONTGOMERY-REEVES, Justices.

In this appeal, the Court must determine whether distributions from a Delaware statutory trust to beneficial owners are subject to garnishment by a creditor. The beneficial owners argue that Delaware law prohibits garnishment of the distributions because they are trust property. They also argue that Delaware law prohibits...

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