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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 Trust

Court of Appeals for the Eighth Circuit

Decided January 20, 1984No. 82-2477PublishedCited by 247 opinions

1Opinion of the Court

McMILLIAN, Circuit Judge.

Charles W. Graham is the debtor in this Chapter 7 bankruptcy case. Graham was also the trustee of an ERISA profit sharing plan in which he has an interest. Graham now appeals from a final order of the Bankruptcy Court for the Northern District of Iowa 1 ordering him to turn over plan trust funds for inclusion in the bankruptcy estate and denying his claimed exemption. For reversal appellant argues that the anti-alienation provision in the trust instrument, required by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1056(d)(1) (1976), excludes…

2Cases cited19 opinions

  1. General Motors Corporation v. David J. Buha and James B. Stone, County District JudgeCourt of Appeals for the Sixth Circuit · 1980
  2. 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
  3. Clotfelter v. Ciba-Geigy Corp. (In Re Threewitt)District Court, D. Kansas · 1982
  4. Eaton v. Boston Safe Deposit & Trust Co.Supreme Court of the United States · 1916
  5. In the Matter of Arthur Clarke Ahlswede and Dorothy Ahlswede, Bankrupts. Richard W. Stebbins, Trustee v. Crocker Citizens National BankCourt of Appeals for the Ninth Circuit · 1975

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3Cited by247 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. In Re Donald Dean Walker, Debtor. Donald Dean Walker v. Kenneth G.M. Mather, TrusteeCourt of Appeals for the Tenth Circuit · 1992
  3. Education Assistance Corporation v. William Wesley ZellnerCourt of Appeals for the Eighth Circuit · 1987
  4. In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers TrustCourt of Appeals for the Eleventh Circuit · 1985
  5. Kosta P. Velis, Debtor-Appellant v. Mary Kardanis, Creditor-AppelleeCourt of Appeals for the Third Circuit · 1991

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