Legal Opinion
In Re Benton
United States Bankruptcy Court, E.D. Michigan
Decided June 30, 1999No. 19-41025PublishedCited by 4 opinions
1Opinion of the Court
Opinion
STEVEN W. RHODES, Bankruptcy Judge.
The issue before the Court is whether the debtor’s interests in the Wayne County Retirement Ordinance Plan and the Wayne County Deferred Compensation Plan are excluded from the bankruptcy estate under 11 U.S.C. § 541(c)(2). The debtor, Rebecca Benton, and the Wayne County Employees’ Retirement System (“WCERS”) contend that these plans are excluded from the estate because they are trusts that contain transfer restrictions enforceable under applicable nonbankruptcy law. 1 The trustee contends otherwise. In the alternative, Benton seeks to exempt her…
2Cases cited27 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
- In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Frank F. And Judith J. Foil v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1990
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3Cited by4 opinions
- In Re BarnesUnited States Bankruptcy Court, E.D. Michigan · 2001
- In Re MuellerUnited States Bankruptcy Court, D. Maryland · 2000
- Strong v. Page (In Re Page)United States Bankruptcy Court, W.D. Michigan · 1999
- Rhiel v. Ohio Health Corp. (In Re Guikema)United States Bankruptcy Court, S.D. Ohio · 2007