- 11 U.S.C.
Diocese of Buffalo, In re
Jun
06
2025
Ruling
Court barred debtor from using restricted seminary sale proceeds for bankruptcy settlement as funds were donated for permanent seminary use. (Bankr. W.D.N.Y.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in Trusts Unaffected.
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Court
:
- 11 U.S.C.
Piskiel, In re
Feb
10
2023
Ruling
Debtor's survivor benefit from his deceased father's pension plan did not become part of the debtor's bankruptcy estate and was outside the trustee's reach for distribution to creditors (Bankr. D.N.M.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in Trusts Unaffected.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Gilbert, In re--McDonell v. Gilbert
Aug
22
2022
Ruling
Retirement accounts were excluded from property of the bankruptcy estate as the plans,whether or not tax-qualified, contained anti-alienation provisions which created a restrictionon transfer enforceable under applicable nonbankruptcy law. (Bankr. D.N.J.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in
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Judge or Jurisdiction information not available
- 11 U.S.C.
Cross, In re
Mar
24
2022
Ruling
Trustee's objection to the debtor's claim of exemption in the funds was sustained as the fundswere no longer part of the debtor's "right or interest" in the pension plan so as to be subject toexemption. (Bankr. W.D. Mich.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in
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Court
:
- 11 U.S.C.
Hoffman, In re
Jan
24
2022
Ruling
Court held that Roth IRAs are excluded from a debtor's bankruptcy estate pursuant to federallaw. (11th Cir.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Dockins, In re
Jun
04
2021
Ruling
Trustee was not entitled to turnover of funds from a 401(k) plan that debtor inherited from afriend prior to filing for Chapter 7 bankruptcy as the transfer restrictions were enforceable.(Bankr. W.D.N.C.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in
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Court
:
- 11 U.S.C.
Brown, In re--Ostrander v. Brown
May
21
2020
Ruling
Bankruptcy court erred in finding that pre-petition, uncashed retirement check was notproperty of the estate. (B.A.P. 1st Cir.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Culane, In re
Feb
28
2019
Ruling
Debtor's beneficial interest in an ERISA-qualified plan was excluded from debtor's estate.(Bankr. E.D. Mich.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in
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Court
:
- 11 U.S.C.
Kiley, In re
Dec
04
2018
Ruling
Debtor's interest in her ex-husband's retirement plan as a survivor beneficiary was excludedfrom property of the estate as it was subject to ERISA's anti-alienation provisions. (Bankr. D.Utah)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in
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Court
:
- 11 U.S.C.
Carroll v. Takada
Jul
18
2017
Ruling
Trust property could not be exempted from the estate as the spendthrift clause has already ceased after it was distributed to the debtor-beneficiary. (7th Cir.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in Trusts Unaffected.
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Judge or Jurisdiction information not available