Legal Opinion

Kaplan v. Primerit Bank (In Re Kaplan)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 5, 1989No. BAP No. AZ-88-1738-RASME, Bankruptcy No. 86-4145 PHX SSCPublishedCited by 32 opinions

1Opinion of the Court

RUSSELL, Bankruptcy Judge:

OPINION

Debtor’s amended Schedule B-4 listed the debtor’s interest in his pension plan and asserted that the plan was not an asset of the estate pursuant to 11 U.S.C. § 541(c)(2). Judgment creditor PriMerit Bank objected to the debtor’s claimed exemption. The bankruptcy court held that the assets in the pension plan were property of the estate and were not exempt under federal or state law. We AFFIRM.

FACTS

Gerold Allen Kaplan (debtor/appellant) is a medical doctor who is an employee, officer, and shareholder of Phoenix Radiology Associates, Ltd. (“PRA”). PRA’s…

2Cases cited19 opinions

  1. MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
  2. 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
  3. In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers TrustCourt of Appeals for the Eleventh Circuit · 1985
  4. Goff v. TaylorCourt of Appeals for the Fifth Circuit · 1983
  5. State Ex Rel. Corbin v. PickrellArizona Supreme Court · 1983

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

3Cited by32 opinions

  1. In Re KincaidCourt of Appeals for the Ninth Circuit · 1990
  2. Bronner v. Gill (In Re Bronner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
  3. In Re WitwerUnited States Bankruptcy Court, C.D. California · 1992
  4. Fogler v. Flindall (In Re Flindall)United States Bankruptcy Court, D. Arizona · 1989
  5. In Re ConroyUnited States Bankruptcy Court, D. Montana · 1990

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

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