Legal Opinion
In Re Parks
United States Bankruptcy Court, D. Utah
Decided November 9, 2000No. 19-20076PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
JUDITH A. BOULDEN, Bankruptcy Judge.
This contested matter raises the issue of whether funds held in an ERISA qualified pension plan, over which the debtor has complete control, are included in property of the bankruptcy estate, and if so, whether they are exempt. The issue is before the court upon the Chapter 7 Trustee’s Objection to Exemption claimed by Theresa Parks, one of the debtors herein (Debt- or), to property identified as “401(k) from employer” and claimed exempt pursuant to Utah Code Ann. § 78-23-5(l)(a)(x). For the reasons set forth below, the Court…
2Cases cited15 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
- Baltimore City Department of Social Services v. BouknightSupreme Court of the United States · 1989
- In Re Wesley G. Harline, Debtor. David L. Gladwell, Trustee v. Wesley G. HarlineCourt of Appeals for the Tenth Circuit · 1991
- In Re Ginger Lea Marcus, Debtor. Ginger Lea Marcus v. Sally J. Zeman, Chapter 13 Trustee M. Stephen Peters, Chapter 7 TrusteeCourt of Appeals for the Tenth Circuit · 1993
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3Cited by5 opinions
- In Re McBrideUnited States Bankruptcy Court, S.D. Texas · 2006
- Corzin v. Larson (In Re Larson)United States Bankruptcy Court, N.D. Ohio · 2006
- Chris D. Dockins and Holly R. Corbell-DockinsUnited States Bankruptcy Court, W.D. North Carolina · 2021
- In Re LaddUnited States Bankruptcy Court, N.D. Ohio · 2011
- In re KileyUnited States Bankruptcy Court, D. Utah · 2018