Legal Opinion
In Re Donaghy
United States Bankruptcy Court, S.D. New York
Decided June 12, 1981No. 19-35009PublishedCited by 40 opinions
1Opinion of the Court
DECISION ON TRUSTEE’S OBJECTION TO EXEMPTION CLAIMED BY DEBTORS
HOWARD SCHWARTZBERG, Bankruptcy Judge.
These elderly debtors face a battle with cancer and the trustee in bankruptcy for the use of $21,992.87 in accrued pension benefits they received while they were preparing their petition in bankruptcy and which they claim as exempt under 11 U.S.C. § 522(d)(10)(E). Because the funds were received in a lump sum three weeks before the filing of their joint petition in bankruptcy the trustee contends that they lost their status as pension monies and therefore constitute property of the estate…
2Cases cited9 opinions
- Segal v. RochelleSupreme Court of the United States · 1966
- Kokoszka v. BelfordSupreme Court of the United States · 1974
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Lines v. FrederickSupreme Court of the United States · 1970
- In the Matter of Roy Stewart Nunnally, Bankrupt. Mary Elizabeth Nunnally, Appellant-Cross v. Roy Stewart Nunnally, Appellee-CrossCourt of Appeals for the Fifth Circuit · 1975
4 more not listed; retrieve them via the Exa API.
3Cited by40 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
- Goff v. TaylorCourt of Appeals for the Fifth Circuit · 1983
- In Re Robert H. Clark, Debtor. Robert H. Clark v. Thomas J. O'neill, as Trustee. Robert H. ClarkCourt of Appeals for the Third Circuit · 1983
- In the Matter of Richard L. Kochell, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984
- American Honda Finance Corp. v. Cilek (In Re Cilek)United States Bankruptcy Court, W.D. Wisconsin · 1990
35 more not listed; retrieve them via the Exa API.