Mitchell v. West (In Re West)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
FACTS
The debtor, James M. West (“West”), was employed by Intel Corporation until January 17, 1986. As an Intel employee, West was an automatic participant in the Intel Profit-Sharing Retirement Plan (“Plan”). The Plan is an ERISA qualified plan and contains the following language:
Section 11(a) No Assignment of Property Rights.... [T]he interest or property rights of any person in the Plan, in the Trust Fund or in any payment to be made under the Plan shall not be optioned, anticipated, assigned (either in law or in equity), alienated or made subject to attachment, garnishment,…
2Cases cited16 opinions
- In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers TrustCourt of Appeals for the Eleventh Circuit · 1985
- In Re WernerUnited States Bankruptcy Court, D. Minnesota · 1983
- Nelson v. California Trust Co.California Supreme Court · 1949
- Smith v. MirmanCourt of Appeals for the Fourth Circuit · 1984
- In Re WestUnited States Bankruptcy Court, D. Oregon · 1986
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re KincaidCourt of Appeals for the Ninth Circuit · 1990
- Burton v. Ulrich (In Re Schmitt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Kaplan v. Primerit Bank (In Re Kaplan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
- Boon v. Miner (In Re Boon)District Court, W.D. Missouri · 1989
- In Re ConroyUnited States Bankruptcy Court, D. Montana · 1990
13 more not listed; retrieve them via the Exa API.