Judge Caldwell

Rhiel v. OhioHealth Corp. (In re Hunter)

Plaintiff chapter 7 trustees sued defendants, several retirement plans and one annuity plan, to turn over balances in accounts in which their debtors allegedly had interests per 11 U.S.C. § 542. Defendants sought summary judgment that plaintiffs were not entitled to the same by reason of 11 U.S.C. § 541(c)(2). Also at issue was the effect, if any, of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1056(d)(1).
Ruling: 
Trustee not entitled to turnover of debtor's beneficial interest in retirement plan that was subject to ERISA transfer restriction.
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Consumer case opionion summary, case decided on January 24,2008, LexisNexis #0208-097

In re Inyamah

A chapter 13 trustee filed a motion to disperse funds to a debtor following the dismissal of the debtor's case. A creditor objected, asserting that the funds should be paid to it based on its judgment and garnishment against the debtor.
Ruling: 
Plan payments less administrative expenses and protection payments were to be returned to debtor upon dismissal of case.
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Consumer case opionion summary, case decided on November 20,2007, LexisNexis #0108-019

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