Legal Opinion
Meehan v. Wallace (In Re Meehan)
Court of Appeals for the Eleventh Circuit
Decided January 8, 1997No. 95-8347PublishedCited by 45 opinions
1Opinion of the Court
ANDERSON, Circuit Judge:
Appellant Virginia Ann Meehan is a Chapter 7 debtor. The contested property is debtor’s individual retirement account (IRA), which debtor claims is excluded from property of the estate under 11 U.S.C.A. § 541(c)(2). Both the bankruptcy court and the district court rejected debtor’s argument and held that the IRA was included in her bankruptcy estate. We hold that debtor’s IRA is excluded from the estate under 11 U.S.C.A. § 541(c)(2) because of the restriction on its transferability. Accordingly, we reverse.
I. FACTS
The facts are not in dispute. Debtor Virginia Ann…
2Cases cited20 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Patterson v. ShumateSupreme Court of the United States · 1992
- 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
15 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Christo v. PadgettCourt of Appeals for the Eleventh Circuit · 2000
- United States v. ShadduckCourt of Appeals for the First Circuit · 1997
- Williams v. Sears, Roebuck & Co. (In Re Williams)District Court, S.D. Georgia · 2000
- Bank United v. ManleyDistrict Court, N.D. Alabama · 2001
- Marie v. Green (In Re Green)United States Bankruptcy Court, M.D. Florida · 2001
40 more not listed; retrieve them via the Exa API.