Legal Opinion

Plunk v. Yaquinto (In Re Plunk)

Court of Appeals for the Fifth Circuit

Decided March 12, 2007No. 18-70016PublishedCited by 28 opinions

1Opinion of the Court

PRADO, Circuit Judge:

Before us is an appeal by a debtor of the bankruptcy court’s decision that his pension plan is not exempt under Texas law from being “property of the estate” because it was not “qualified” pursuant to 26 U.S.C. § 401(a) (2000). The debtor also appeals the bankruptcy court’s decision that collateral estoppel prevented him from challenging whether a creditor owned a judgment against him. For the following reasons, we AFFIRM.

I. BACKGROUND

On October 12, 2004, Debtor-Appellant Don Royl Plunk (“Plunk”) filed for Chapter 7 bankruptcy. Plunk listed the Don R. Plunk P.S. Plan…

2Cases cited11 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. John G. & Marie Stella Kenedy Memorial Foundation v. DewhurstTexas Supreme Court · 2002
  3. Quinney Electric, Inc. v. Kondos Entertainment, Inc.Texas Supreme Court · 1999
  4. Bonneville Power Administration v. Mirant Corp.Court of Appeals for the Fifth Circuit · 2006
  5. Fielder v. King (In Re King)Court of Appeals for the Fifth Circuit · 1997

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

3Cited by28 opinions

  1. McLain v. Newhouse Ex Rel. Bankruptcy Estate of McLainCourt of Appeals for the Fifth Circuit · 2008
  2. Bradley v. Ingalls (In Re Bradley)Court of Appeals for the Fifth Circuit · 2007
  3. Daniels v. AginCourt of Appeals for the First Circuit · 2013
  4. Velazquez v. Countrywide Home Loans Servicing, L.P. (In Re Velazquez)Court of Appeals for the Fifth Circuit · 2011
  5. Colemichael Investments, L.L.C. v. Burke (In Re Burke)United States Bankruptcy Court, N.D. Illinois · 2008

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

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