Legal Opinion
In Re Lowe
United States Bankruptcy Court, W.D. New York
Decided August 29, 2000No. 1-19-10374PublishedCited by 12 opinions
1Opinion of the Court
MICHAEL J. KAPLAN, Bankruptcy Judge.
This is a Chapter 7 Trustee’s Objection to the Debtor’s exemption claim. Apparently presenting an issue of first impression, the parties ask whether a Chapter 7 debtor’s accrued funds in a profit sharing plan created by agreement between General Motors Corporation and the United Auto Workers in November, 1996 are exempt under the “opt out” exemption statutes of the State of New York. 1
It is important to note at the outset that nothing submitted to the Court by either side suggests whether that profit sharing plan is or ever has been ERISA-qualified. Thus,…
2Cases cited8 opinions
- Moore v. BaySupreme Court of the United States · 1931
- General Motors Corporation v. David J. Buha and James B. Stone, County District JudgeCourt of Appeals for the Sixth Circuit · 1980
- In Re KleistUnited States Bankruptcy Court, N.D. New York · 1990
- In Re MillerUnited States Bankruptcy Court, S.D. New York · 1994
- In Re EhrichUnited States Bankruptcy Court, D. Minnesota · 1990
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hodes v. Jenkins (In Re Hodes)Bankruptcy Appellate Panel of the Tenth Circuit · 2004
- In re PhillipsUnited States Bankruptcy Court, E.D. New York · 2012
- In Re JokielUnited States Bankruptcy Court, N.D. Illinois · 2011
- In Re QuackenbushUnited States Bankruptcy Court, S.D. New York · 2006
- In Re Santiago-MonteverdeUnited States Bankruptcy Court, S.D. New York · 2012
7 more not listed; retrieve them via the Exa API.