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Legal Opinion

In Re Bryan

United States Bankruptcy Court, S.D. Florida.

Decided October 10, 1989No. 19-12764PublishedCited by 21 opinions

1Opinion of the Court

ORDER ON TRUSTEE’S OBJECTION TO CLAIMED EXEMPTION

THOMAS C. BRITTON, Chief Judge.

The trustee’s objection (CP 9) to the debt- or’s exemption of his ERISA qualified pension plan was heard on August 17 and September 7.

The objection is that the exemption is claimed under an unconstitutional statute. Fla.Stat. § 222.21 and § 222.201. I disagree. The objection is overruled and the claimed exemption is allowed.

The trustee does not dispute that the subject plan is in fact:

“a retirement or profit-sharing plan that is qualified under S.401(a), S.403(a), S.403(b), S.408, or S.409 of the Internal Revenue…

2Cases cited8 opinions

  1. MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
  2. In Re KometUnited States Bankruptcy Court, W.D. Texas · 1989
  3. In Re VolpeUnited States Bankruptcy Court, W.D. Texas · 1989
  4. Heitkamp v. Dyke (In Re Dyke)United States Bankruptcy Court, S.D. Texas · 1989
  5. In Re BrownUnited States Bankruptcy Court, N.D. Oklahoma · 1989

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. In Re Robert Leroy Vickers and Betty Jean Vickers, Debtors. J. Kevin Checkett, Trustee v. Robert Leroy Vickers Betty Jean VickersCourt of Appeals for the Eighth Circuit · 1992
  2. In Re FerrettiUnited States Bankruptcy Court, S.D. Florida. · 1996
  3. In Re SeilkopUnited States Bankruptcy Court, S.D. Florida. · 1989
  4. In Re IdalskiUnited States Bankruptcy Court, E.D. Michigan · 1991
  5. Matter of NuttlemanUnited States Bankruptcy Court, D. Nebraska · 1990

16 more not listed; retrieve them via the Exa API.

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