Legal Opinion

In Re West

United States Bankruptcy Court, D. Oregon

Decided September 3, 1986No. 19-03006PublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM OPINION

ELIZABETH L. PERRIS, Bankruptcy Judge.

This matter arises upon the trustee’s objection to the Debtor’s claim of exemption of his interest in a vested profit-sharing retirement plan. The Debtor’s response to the trustee’s objection raises two issues; first whether the funds held in the retirement plan are property of the bankruptcy estate, and second, if the funds are property of the estate, whether they are exempt under ORS 23.170 (1985).

FACTS

The Debtor, James M. West, was employed by Intel Corporation until January 17, 1986. As an Intel employee Mr. West was an automatic…

2Cases cited14 opinions

  1. 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
  2. In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers TrustCourt of Appeals for the Eleventh Circuit · 1985
  3. In Re Robert H. Clark, Debtor. Robert H. Clark v. Thomas J. O'neill, as Trustee. Robert H. ClarkCourt of Appeals for the Third Circuit · 1983
  4. Regan v. RossCourt of Appeals for the Second Circuit · 1982
  5. Clotfelter v. Ciba-Geigy Corp. (In Re Threewitt)District Court, D. Kansas · 1982

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

3Cited by21 opinions

  1. In Re WilsonUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
  2. Burton v. Ulrich (In Re Schmitt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  3. Boon v. Miner (In Re Boon)District Court, W.D. Missouri · 1989
  4. In Re DagnallUnited States Bankruptcy Court, C.D. Illinois · 1987
  5. Stephen Smith Home for the Aged, Inc. v. Mercy Douglass Center, Inc. (In Re Stephen Smith Home for the Aged, Inc.)District Court, E.D. Pennsylvania · 1987

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

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