Legal Opinion
In Re Vickers
United States Bankruptcy Court, W.D. Missouri
Decided July 5, 1990No. 18-30664PublishedCited by 18 opinions
1Opinion of the Court
ORDER DENYING TRUSTEE’S OBJECTION TO EXEMPTION
ARTHUR B. FEDERMAN, Bankruptcy Judge.
I. INTRODUCTION
The matter before the Court is the Chapter 7 Trustee’s objection to the debtors’ exemptions. The sole issue is whether a Missouri resident who is beneficiary of an ERISA pension plan is entitled to claim any portion of his benefits under such plan as exempt. A majority of the courts considering this question have held that ERISA pre-empts the field, and that any state law exempting ERISA benefits is therefore invalid. 1 I respectfully disagree with the majority view, and find that the Missouri…
2Cases cited14 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
- Busic v. United StatesSupreme Court of the United States · 1980
- Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
- 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
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- 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
- Clark v. Kazi (In Re Kazi)United States Bankruptcy Court, S.D. Illinois · 1991
- In Re BeverlyUnited States Bankruptcy Court, W.D. Missouri · 1996
- Matter of NuttlemanUnited States Bankruptcy Court, D. Nebraska · 1990
- In Re BoykinUnited States Bankruptcy Court, W.D. Missouri · 1990
13 more not listed; retrieve them via the Exa API.