Legal Opinion
In Re Holst
United States Bankruptcy Court, N.D. Iowa
Decided January 31, 1996No. 19-00225PublishedCited by 8 opinions
1Opinion of the Court
DECISION RE: OBJECTION TO CLAIM OF EXEMPTION IN m(k) PLAN
WILLIAM L. EDMONDS, Chief Judge.
Manufacturers Bank & Trust Co., Forest City (BANK) objects to debtor’s claim of exemption in a 401(k) plan with his employer. Trial was held on January 9, 1996 in Fort Dodge. David J. Siegrist, Esq. appeared for Bank; David M. Nelsen, Esq. appeared for debtor.
This contested matter presents two issues: (1) whether debtor’s beneficial interest in a 401 (k) retirement plan is excluded from his bankruptcy estate if at filing he had an absolute right to demand payment of his accrued benefit; and (2) if the…
2Cases cited23 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- 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
- General Motors Corporation v. David J. Buha and James B. Stone, County District JudgeCourt of Appeals for the Sixth Circuit · 1980
- Kosta P. Velis, Debtor-Appellant v. Mary Kardanis, Creditor-AppelleeCourt of Appeals for the Third Circuit · 1991
- Guidry v. Sheet Metal Workers International Ass'n, Local No. 9Court of Appeals for the Tenth Circuit · 1993
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Butler v. Becton, Dickenson & Co. (In Re Loomer)United States Bankruptcy Court, D. Nebraska · 1996
- In Re BakerUnited States Bankruptcy Court, N.D. Illinois · 1996
- Manufacturers Bank & Trust Co. v. HolstDistrict Court, N.D. Iowa · 1996
- In Re DominaUnited States Bankruptcy Court, N.D. Iowa · 2002
- Kaler v. Craig (In Re Craig)District Court, D. North Dakota · 1997
3 more not listed; retrieve them via the Exa API.