- 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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- 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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:
- 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
- 11 U.S.C.
Warner, In re--Gertz v. Warner
Apr
14
2017
Ruling
Debtor's beneficial interest in the thrift savings plan account assets is excluded from thebankruptcy estate. (Bankr. N.D. Ohio)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in Trusts Unaffected.
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:
- 11 U.S.C.
In re Foster
Aug
12
2016
Ruling
Objections to debtor’s exemption in deferred compensation plan overruled. (Bankr. E.D. Pa.)
Issue(s)
Should objection to debtor’s claimed exemption in partner equity deferred compensation plan be sustained?
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:
- 11 U.S.C.
In re Norris
May
20
2016
Ruling
Inherited IRA constituted a qualified trust and was not property of the estate.
Issue(s)
Whether an inherited individual retirement account, which names debtor as beneficiary, constitutes property of the bankruptcy estate?
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:
- 11 U.S.C.
In re Erskine
Apr
08
2016
Ruling
Assets in invalid living trust were property of the estate and to be turned over to trustee.
Issue(s)
Was trustee entitled to turnover of funds held by an alleged living trust?
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:
- 11 U.S.C.
Thompson-Rossbach v. Doeling (In re Thompson-Rossbach)
Dec
02
2015
Ruling
Debtor's interest in spendthrift trust properly held to be property of the estate where debtor was entitled to a distribution prior to the petition date.
Issue(s)
Was debtor's interest in valid spendthrift trust on petition date property of the estate?
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Judge or Jurisdiction information not available
- 11 U.S.C.
Kohut v. Lewiston Living Trust (In re Lewiston)
Jun
24
2015
Ruling
Debtor's beneficial interest in trust with spendthrift provision that was unenforceable under state law was property of the estate.
Issue(s)
Was interest of a chapter 7 debtor in a trust that included a spendthrift provision property of the estate that could be administered by the chapter 7 trustee?
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:
- 11 U.S.C.
In re Alamed
Jul
15
2014
Ruling
Contingent remainder interest in trust with enforceable spendthrift provision was not property of the estate and could not be sold by trustee.
Issue(s)
Was debtor's interest in trust containing a spendthrift provision property of the estate that could be sold by trustee?
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Court
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