Legal Opinion

In Re Ronald J. Yuhas, Debtor. Thomas J. Orr v. Ronald J. Yuhas

Court of Appeals for the Third Circuit

Decided February 26, 1997No. 96-5146PublishedCited by 49 opinions

1Opinion of the Court

OPINION OF THE COURT

ALITO, Circuit Judge:

The issue in this appeal is whether a New Jersey statute, N.J.S.A. § 25:2-l(b), that protects a qualified individual retirement account (IRA) from claims of creditors constitutes a “restriction on the transfer of a beneficial interest of the debtor in a trust” within the meaning of 11 U.S.C. § 541(c)(2) and thus results in the exclusion of the IRA from a bankruptcy estate. We hold that it does, .and we therefore affirm the decision of the district court.

I

Debtor Ronald J. Yuhas (the “debtor”) filed a Chapter 7 bankruptcy petition, and a trustee was…

2Cases cited6 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Patterson v. ShumateSupreme Court of the United States · 1992
  3. Kosta P. Velis, Debtor-Appellant v. Mary Kardanis, Creditor-AppelleeCourt of Appeals for the Third Circuit · 1991
  4. 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
  5. In Re Van NostrandUnited States Bankruptcy Court, D. New Jersey · 1995

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

3Cited by49 opinions

  1. Iannone v. Comm'rUnited States Tax Court · 2004
  2. Gilchinsky v. NATIONAL WESTMINISTER BANKSupreme Court of New Jersey · 1999
  3. United States v. ShadduckCourt of Appeals for the First Circuit · 1997
  4. Carbaugh v. Carbaugh (In Re Carbaugh)Bankruptcy Appellate Panel of the Tenth Circuit · 2002
  5. In Re Total Containment, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2005

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

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