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§ 541(c)(2)

Warner, In re--Gertz v. Warner

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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Consumer opinion summary, case decided on April 14, 2017 , LexisNexis #0517-072

In re Foster

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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Consumer opinion summary, case decided on August 12, 2016 , LexisNexis #0916-021

In re Norris

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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Consumer opinion summary, case decided on May 20, 2016 , LexisNexis #0616-052

In re Erskine

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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Consumer opinion summary, case decided on April 08, 2016 , LexisNexis #0516-022

Thompson-Rossbach v. Doeling (In re Thompson-Rossbach)

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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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 02, 2015 , LexisNexis #1215-121

Kohut v. Lewiston Living Trust (In re Lewiston)

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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Consumer opinion summary, case decided on June 24, 2015 , LexisNexis #0715-125

In re Alamed

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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Consumer opinion summary, case decided on July 15, 2014 , LexisNexis #0814-057

In re Bauman

Ruling
Non-ERISA-qualified plan was property of the estate.
Issue(s)
Did pension plan qualify as a "retirement plan" in which debtor could claim an exemption?

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Consumer opinion summary, case decided on February 24, 2014 , LexisNexis #0314-090

In re Robben

Ruling
Valid spendthrift trust was not property of the estate.
Issue(s)
Whether a debtor's interest in a revocable trust that contains a spendthrift clause is a part of the bankruptcy estate upon the debtor's filing a petition.

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Consumer opinion summary, case decided on December 17, 2013 , LexisNexis #0114-021

Sikirica v. Wettach (In re Wettach)

Ruling
Employer's contributions to debtor's qualified ERISA plan were not property of the estate.
Issue(s)
Were employer contributions to debtor's qualified ERISA plan property of the estate that could be added to trustee's fraudulent transfer judgment.

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Consumer opinion summary, case decided on November 12, 2013 , LexisNexis #1213-021