Conf. call 1/7 re PJC's amicus brief re freezing joint spousal and trust accounts

At our last Consumer Law Task Force meeting, the group expressed an interest in signing on to PJC’s amicus brief in O’Brien v. Bank of America, No. 824 (Court of Special Appeals 2012).  PJC should have a draft of its brief by January 4 and will circulate the draft brief to those who have expressed an interest in signing on.  If you are interested in reviewing the brief and participating in a short LAB conference call on Monday January 7 at 9:30am, please email me at hgomes@mdlab.org. 

About the case:

Plaintiff O’Brien appeals the Baltimore City Circuit Court’s decision finding that Section 11-603(c) of the Courts and Judicial Proceedings Article does not violate the Due Process Clause of the U.S. Constitution, Section 43 of the Maryland Constitution, and/or Article 19 of the Maryland Declaration of Rights.  PJC's brief will focus on the due process issue, specifically arguing that it is never acceptable to permit joint spousal accounts or trust accounts to be frozen pending a court’s decision regarding their attachment, since Section 11-603 exempts those accounts from garnishment, and because of the protection provided by Maryland common law to tenancy of the entireties property.

Thanks,

Heather

 

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