- 11 U.S.C.
Perkins, In re
Apr
06
2023
Ruling
Plan proposing 401(k) contributions of 15% of debtors' salary while paying unsecured creditors less than 25% of their claims was confirmed absent rebuttal of the presumption of good faith. (Bankr. S.D. Tex.)
Issue(s)
Property of the Estate; Exclusions; ERISA, Deferred Compensation and Annuity Plans.
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Court
:
- 11 U.S.C.
Harrison, In re
Dec
31
2021
Ruling
No portion of the debtor’s 2021 tax refunds was excluded from the bankruptcy estate as therefunds did not include any portion of the debtor's 2021 recovery rebate. (Bankr. W.D. Okla.)
Issue(s)
Property of the estate; Exclusions; Recovery rebates.
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Court
:
- 11 U.S.C.
Penfound, In re--Penfound v. Ruskin
Aug
10
2021
Ruling
Chapter 13 debtor could not use retirement contributions from years earlier as a basis forshielding voluntary post-petition contributions from unsecured creditors. (6th Cir.)
Issue(s)
Property of the Estate; Exclusions; ERISA, Deferred Compensation and Annuity Plans.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Lehman Bros., In re--Lehman Bros. v. Giddens
Jun
15
2020
Ruling
Contributions to “top hat” deferred compensation plan were not excluded from debtor’s bankruptcy estate. (Bankr. S.D.N.Y.)
Issue(s)
Property of the Estate; Exclusions; ERISA, Deferred Compensation and Annuity Plans.
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Court
:
( Judge Chapman ) [ Bankruptcy Court ]
- 11 U.S.C.
A.N. Frieda Diamonds, Inc., In re--Harrison v. Konfino
Apr
29
2020
Ruling
Trustee could not ignore creditor’s claim against pawn shop that sold diamonds consigned bydebtor that were subject to creditor’s security interest. (Bankr. S.D.N.Y.)
Issue(s)
Property of the Estate; Exclusions; Tangible Personal Property Pledged or Sold as
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Court
:
- 11 U.S.C.
Poivey, In re
Jan
24
2018
Ruling
Mineral rights inherited by debtor wife deemed property of the bankruptcy estate. (Bankr.E.D. Wis.)
Issue(s)
Property of the Estate; Exclusions; Certain Interests in Liquid or Gaseous Hydrocarbons.
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Court
:
- 11 U.S.C.
Poivey, In re
Jan
24
2018
Ruling
Mineral rights inherited by debtor wife deemed property of the bankruptcy estate. (Bankr.E.D. Wis.)
Issue(s)
Property of the Estate; Exclusions; Certain Interests in Liquid or Gaseous Hydrocarbons.
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Court
:
- 11 U.S.C.
Santos, In re
Dec
08
2017
Ruling
Trustee could not recover insurance proceeds that were recovered for a company as it was notproperty of the bankruptcy estate. (Bankr. D.S.C.)
Issue(s)
Property of the Estate; Exclusions; Power Exercised by Debtor for Benefit of Another.
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Court
:
- 11 U.S.C.
Garza, In re
Aug
15
2017
Ruling
Debtors were allowed to exclude monthly contributions the husband made to his 401(k) planwhen they determined their disposable income. (Bankr. S.D. Tex.)
Issue(s)
Property of the Estate; Exclusions; ERISA, Deferred Compensation and Annuity Plans.
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Court
:
- 11 U.S.C.
Acarregui, In re
May
31
2017
Ruling
Only money contributed to college savings accounts more than 365 days before thedeclaration of bankruptcy can be exempted from being part of the bankruptcy estate. (Bankr.D. Idaho)
Issue(s)
Property of the Estate; Exclusions; Tuition Credits or Certificates.
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Court
: