Legal Opinion
Employee Benefits Committee v. Tabor (In Re Cress)
District Court, S.D. Indiana
Decided May 9, 1991No. TH 90-211-C, Bankruptcy No. TH 89-1441, Adv. No. 90-8009PublishedCited by 5 opinions
1Opinion of the Court
ORDER ON APPEAL FROM DECISION OF BANKRUPTCY COURT
McKINNEY, District Judge.
“The interpretation of Section 541(c)(2) of the Bankruptcy Code and its application to qualified employee benefit plans has generated considerable litigation and divergent results have been reached by the courts.”
This classic understatement by Judge Al-tenberger in In re Sundeen, 62 B.R. 619, 619 (Bankr.C.D.Ill.1986), sets an appropriate backdrop for today’s decision. The issue in this bankruptcy appeal is whether the bankruptcy court erred in holding that a savings plan subject to hardship withdrawals is part of the…
2Cases cited35 opinions
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
- Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
- United States v. Mississippi Valley Generating Co.Supreme Court of the United States · 1961
- Diane Colby, on Her Own Behalf and That of All Other Persons Similarly Situated v. J.C. Penney Company, Inc.Court of Appeals for the Seventh Circuit · 1987
30 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re MuellerUnited States Bankruptcy Court, D. Maryland · 2000
- In Re Eldon S. Reed, Debtor. Eldon S. Reed v. Victoria C. DrummondCourt of Appeals for the Ninth Circuit · 1991
- In Re SwensonUnited States Bankruptcy Court, D. Utah · 1991
- Matter of VanMeterUnited States Bankruptcy Court, N.D. Indiana · 1992
- In Re ShakerUnited States Bankruptcy Court, W.D. Wisconsin · 1992