Legal Opinion

In Re Toone

United States Bankruptcy Court, D. Massachusetts

Decided April 29, 1992No. 16-42199PublishedCited by 8 opinions

1Opinion of the Court

DECISION REGARDING DEBTOR’S CLAIM OF EXEMPTION OF ALLEGED RETIREMENT FUNDS

WILLIAM C. HILLMAN, Bankruptcy Judge.

The debtor claimed as exempt approximately $220,000 in funds being held in accounts in Bank of Boston in the name of “Edward J. Toone By David G. Toone Power of Attorney....” The exemption is claimed pursuant to Mass.G.L. c. 235, § 34A, and 29 U.S.C. § 1056(d). The Federal Deposit Insurance Corporation (“FDIC”), an unsecured creditor of the debtor in its capacity as receiver of First National Bank of Marlboro (“FNBM”), objected. The facts underlying the claim and objection are rather…

2Cases cited4 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Barnhill v. JohnsonSupreme Court of the United States · 1992
  3. In Re DonaghyUnited States Bankruptcy Court, S.D. New York · 1981
  4. Louis Falcigno Enterprises, Inc. v. Massachusetts Bank & Trust Co.Massachusetts Appeals Court · 1982

3Cited by8 opinions

  1. Hall-Mark Electronics Corp. v. Sims (In Re Lee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  2. NCNB Financial Services, Inc. v. ShumateDistrict Court, W.D. Virginia · 1993
  3. In Re HydeUnited States Bankruptcy Court, D. Massachusetts · 2005
  4. In Re CesareUnited States Bankruptcy Court, D. Connecticut · 1994
  5. In Re HolstUnited States Bankruptcy Court, N.D. Iowa · 1996

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