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§ 541(c)

Hill v. Dobin

Dec
04
2006
Ruling
Annuities with none of the indicia of a trust were properly ruled property of the estate.
Procedural posture

Pursuant to 28 U.S.C. § 158(a)(1), debtor appealed the Bankruptcy Court for the District of New Jersey's orders granting summary judgment in favor of trustee and denying debtor's request that her interest in two annuities be excluded from her bankruptcy estate. The issue presented was whether debtor's interest in the annuities qualified for exclusion from the bankruptcy estate pursuant to 11 U.S.C. § 541(c)(2).

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opinion summary, case decided on December 04, 2006 , LexisNexis #0107-020
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Skiba v. Plonski

Oct
31
2006
Ruling
Annuity pensions which did not establish trusts improperly were held exempt by bankruptcy court.
Procedural posture

Appellant, a chapter 7 trustee, filed objections to exemptions claimed by appellees, two joint chapter 7 debtors, pursuant to 11 U.S.C. § 541(c)(2). The trustee appealed after the bankruptcy court denied his objections. The trustee challenged the bankruptcy court's finding that pensions in the form of annuities under I.R.C. §§ 403(b) and 401(a), were properly excluded from the bankruptcy estate.

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opinion summary, case decided on October 31, 2006 , LexisNexis #1206-094
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Case v. Hilgers (In re Hilgers)

Sep
25
2006
Ruling
Debtor's remainder interest in revocable inter vivos spendthirft trusts was property of the estate where the trusts were terminated prepetition.
Procedural posture

Plaintiff bankruptcy trustee sought a declaration that defendant debtor's remainder interests in three revocable inter vivos trusts were assets of the debtor's bankruptcy estate and subject to turnover. Defendant oil company claimed an interest in the debtor's remainder interests as a prepetition judgment creditor. The case was tried by the bankruptcy court.

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opinion summary, case decided on September 25, 2006 , LexisNexis #1006-134
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Cardiello v. Seaton (In re Seaton)

Aug
02
2006
Ruling
Debtor's interest in 401(k) plan was deemed not excluded from estate unless exempted as reasonably necessary for support of debtor and debtor's dependents.
Procedural posture

Movant chapter 7 trustee objected to respondent debtor's claim that his interest in a 401(k) plan was excluded from his bankruptcy estate or exempted.

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opinion summary, case decided on August 02, 2006 , LexisNexis #0806-094
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Corzin v. Larson (In re Larson)

Apr
17
2006
Ruling
Funds in debtor's pension plan were deemed not estate property since the funds were not withdrawn from the plan and retained anti-alienation protection under ERISA.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant debtor seeking turnover of funds in the debtor's pension plan which was governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001, et seq. The debtor asserted that the funds were not estate property in view of the anti-alienation clause in the plan under 29 U.S.C. § 1056(d)(1).

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opinion summary, case decided on April 17, 2006 , LexisNexis #0506-130
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In re Mattern

Mar
09
2006
Ruling
The debtor's prefiling contingent beneficiary interest in the debtor's father's revocable inter vivos trust and pour over will was excluded from property of the estate.
Procedural posture

The chapter 7 trustee filed a motion to determine estate property and for turnover of any trust or inheritance. The primary issue was whether income and/or property to which the debtor had an expectancy on the date of filing and to which he became entitled upon the death of his father, less than 180 days after filing, pursuant to his father's revocable trust and pour over will was property of the estate under 11 U.S.C. § 541(a)(1) or (a)(5).

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opinion summary, case decided on March 09, 2006 , LexisNexis #0306-131
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In re Kane

Jan
04
2006
Ruling
Debtor was granted an exemption from estate property for an IRA created from a rolled over exempt employee stock ownership plan.
Procedural posture

In a proceeding asserted under chapter 7, the trustee objected to amended claimed exemptions that the debtor asserted to the funds maintained by the debtor in an individual retirement account ("IRA") and the trustee sought a turnover of the funds to the estate.

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opinion summary, case decided on January 04, 2006 , LexisNexis #0206-114
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