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Legal Opinion

In Re Schmitt

United States Bankruptcy Court, W.D. Missouri

Decided April 20, 1990No. 19-40526PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION

FRANK W. ROGER, Chief Judge.

I. ISSUE

1. Whether the Debtor’s interest in a profit sharing plan in which the Debtor became a participant by virtue of his employment, that is funded exclusively by employer contributions and also provides that the Debtor may request withdrawals in certain limited circumstances, subject to approval by a plan Advisory Committee, constitutes an asset of the bankruptcy estate available for distribution to the creditors.

2. Whether the Debtor’s proposed Chapter 13 plan is confirmable.

II. STATEMENT OF FACTS

On June 26,1989, Jeffrey Allison Schmitt…

2Cases cited32 opinions

  1. MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
  2. Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
  3. 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
  4. Education Assistance Corporation v. William Wesley ZellnerCourt of Appeals for the Eighth Circuit · 1987
  5. In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers TrustCourt of Appeals for the Eleventh Circuit · 1985

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3Cited by13 opinions

  1. In the Matter of Sherri L. Lyons, Debtor-Appellee. Robert M. Magill, Trustee v. State Employees' Retirement System of IllinoisCourt of Appeals for the Seventh Circuit · 1992
  2. In Re NadlerUnited States Bankruptcy Court, D. Massachusetts · 1990
  3. Hollis v. State Employees' Retirement System of Illinois (In Re Brenda Groves)United States Bankruptcy Court, N.D. Illinois · 1990
  4. Wear v. Green (In Re Green)United States Bankruptcy Court, W.D. Missouri · 1990
  5. In Re MartinUnited States Bankruptcy Court, D. Utah · 1990

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

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