- 11 U.S.C.
In re Massillon
Mar
10
2010
Ruling
Debtor spouse's distributions from spendthrift trust were not excluded from estate.
Procedural posture
The chapter 7 trustee filed an objection to the debtor wife's claim of exemption as to her interest, valued at approximately $ 62,000, in a testamentary spendthrift trust governed by New York law. At issue was whether 11 U.S.C.S. § 541(c)(2), excluded her rights to distributions from the bankruptcy estate, rendering them exempt under 11 U.S.C.S. § 522(d)(5), whether the exemption was limited.
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Court
:
- 11 U.S.C.
In re Lunkes
Jul
02
2009
Ruling
Debtor could not claim exemption in trust that was not a spendthrift trust according to its language.
Procedural posture
Before the court was the objection of the chapter 7 trustee to an exemption claimed by debtor in his interest in a trust.
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Court
:
- 11 U.S.C.
In re Kongslie
Apr
10
2008
Ruling
Debtor's interest in spendthrift trust was not property of the estate and not subject to turnover.
Procedural posture
The chapter 7 trustee filed a motion to compel turnover of assets or proceeds received by debtor, an individual who received a discharge in bankruptcy, in connection with her interest in her deceased father's estate. At issue was whether such property belonged to the bankruptcy estate and was properly subject to a turnover order pursuant to 11 U.S.C.S. § 542.
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Court
:
- 11 U.S.C.
Flynn v. Zeitler (In re Zeitler)
Feb
29
2008
Ruling
Trust that did not qualify as spendthrift trust under state law was not excluded from the estate.
Procedural posture
Plaintiff trustee filed an action against defendants, a capter 7 debtor, debtor's family members, interested parties in a trust, a limited liability partnership, and a limited liability company, seeking a ruling that the trust was invalid as a spendthrift trust. The trustee filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Carter-Bland
Feb
20
2008
Ruling
Debtor's interest in former spouse's employee stock ownership plan was excluded from estate.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to the debtor's claim that the full value of an interest she was awarded in her ex-husband's employee stock ownership plan was not part of her bankruptcy estate.
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Court
:
- 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 ]
- 11 U.S.C.
Iannacone v. Katusky (In re Katusky)
Aug
06
2007
Ruling
Debtor's contingent interest in spendthrift trust was not property of the estate.
Procedural posture
Plaintiff trustee sought a determination that an interest held by defendant debtor in his deceased mother's trust was property of the bankruptcy estate under 11 U.S.C. § 541(a)(5).
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Court
:
- 11 U.S.C.
Skiba v. Laher (In re Laher)
Aug
02
2007
Ruling
Employer mandated retirement plan that constituted a trust under state law was not property of the estate.
Procedural posture
Defendant debtors appealed from a decision of the District Court for the Western District of Pennsylvania which reversed the decision of the bankruptcy court that dismissed plaintiff's chapter 7 trustee's adversary proceeding alleging that the debtors' Teacher Insurance and Annuity Association – College Retirement Equities Fund ("TIAA-CREF") retirement annuity was property of the bankruptcy estate.
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- 11 U.S.C.
In re Tobis
Apr
11
2007
Ruling
ERISA welfare benefit plan that did not involve beneficial interest in trust was property of the estate.
Procedural posture
An insurer cancelled debtors'medical coverage. Debtors sued in state court for bad faith, breach of contract, and unjust enrichment. The state court found that debtors'claims were for the recovery of a plan benefit under the Employee Retirement Income Security Act ("ERISA"). The chapter 7 trustee moved to compromise debtors' claims (the motion was subsequently withdrawn). Debtors moved to dismiss/and or bar the trustee from state action.
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Court
:
- 11 U.S.C.
Hill v. Dobin
Dec
04
2006
Ruling
Annuities with none of the indicia of a trust were properly ruled property of the estate.
Procedural posture
Pursuant to 28 U.S.C. § 158(a)(1), debtor appealed the Bankruptcy Court for the District of New Jersey's orders granting summary judgment in favor of trustee and denying debtor's request that her interest in two annuities be excluded from her bankruptcy estate. The issue presented was whether debtor's interest in the annuities qualified for exclusion from the bankruptcy estate pursuant to 11 U.S.C. § 541(c)(2).
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Court
: