Legal Opinion
Creasy v. Coleman Furniture Corp.
District Court, W.D. Virginia
Decided March 1, 1988No. Civ. A. 86-0272-RPublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION
GLEN M. WILLIAMS, District Judge.
The principal question presented in this case is whether a debtor who exercised complete control over his firm’s pension plan may exclude his interest in the Plan from his Chapter 7 bankruptcy estate under the “non-bankruptcy law” exclusion of 11 U.S.C. § 541(c)(2) or the “federal law” exemption of § 522(b)(2)(A). The court rules that he cannot and denies the debtor’s motion to compel the firm’s Chapter 7 trustee to pay him his pension interest.
I. PROCEDURAL HISTORY AND FINDINGS OF FACT
These proceedings revolve around the Coleman Furniture…
2Cases cited20 opinions
- In Re Charles W. Graham, Debtor. Edward F. Samore, Trustee v. Charles W. Graham, Trustee of the Charles W. Graham, M.D. Ltd. Profit Sharing Plan TrustCourt of Appeals for the Eighth Circuit · 1984
- In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers TrustCourt of Appeals for the Eleventh Circuit · 1985
- Goff v. TaylorCourt of Appeals for the Fifth Circuit · 1983
- Creasy v. Coleman Furniture Corp.Court of Appeals for the Fourth Circuit · 1985
- In Re PettitUnited States Bankruptcy Court, W.D. Washington · 1986
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- Joseph B. Shumate, Jr. v. John R. Patterson, Trustee, and Roy v. Creasy Coleman Furniture Corporation, Pension PlanCourt of Appeals for the Fourth Circuit · 1991
- In Re KelloggUnited States Bankruptcy Court, D. Massachusetts · 1995
- Southern California Permanente Medical Group v. Ehrenberg (In Re Moses)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- In Re BissellUnited States Bankruptcy Court, E.D. Virginia · 2000
5 more not listed; retrieve them via the Exa API.