- 11 U.S.C.
Rhiel v. OhioHealth Corp. (In re Hunter)
Jan
24
2008
Ruling
Trustee not entitled to turnover of debtor's beneficial interest in retirement plan that was subject to ERISA transfer restriction.
Procedural posture
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).
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Court
:
( Judge Preston ) [ Bankruptcy Court ]