Supreme Court of Delaware
Protech Minerals, Inc. v. Dugout Team, LLC
September 2, 2022
Summary
The Court held that the appeal was not moot because no charging order had been entered and the appellants retained an interest in distributions that became payable before the trust converted to a limited partnership. It further held that the distributions were the appellants’ personal property subject to garnishment under the Delaware Statutory Trust Act. The Court declined to consider the appellants’ spendthrift-trust argument because it was not preserved below and did not satisfy the narrow plain-error exception, and it affirmed the Superior Court.