- 11 U.S.C.
In re Jokiel
Apr
21
2011
Ruling
Executive retirement plan that was not an ERISA qualified plan and not intended in good faith to qualify under the Internal Revenue Code was property of the estate.
Procedural posture
Debtor filed a petition under chapter 7 and claimed that money he had in an executive retirement plan was not part of his bankruptcy estate under 11 U.S.C.S. § 541(c)(2) because the plan was subject to a valid anti-alienation clause, and was exempt under 735 ILCS 5/12-1006 from creditors' claims. The debtor's former employer filed an objection to the claim, and the bankruptcy trustee joined that objection.
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Court
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