Legal Opinion

Herrin v. Jordan (In Re Jordan)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 13, 1989No. BAP No. WW 88-1208-RMoAs, Bankruptcy No. 87-05372PublishedCited by 1 opinion

1Opinion of the Court

OPINION

ASHLAND, Bankruptcy Judge:

The trustee appeals from a grant of-summary judgment holding that debtors’ interest in a trust is not an asset of the estate pursuant to 11 U.S.C. § 541(c)(2). We affirm.

FACTS

While working for Burlington Northern Railroad (BN) in 1984, debtor Ronald Jordan was injured in a car derailment that required amputation of his left leg below the knee. Jordan has continued working for BN, but at lower pay because of his injury.

In 1985 Jordan entered into a structured settlement with BN to compromise his claims against the company. The agreement stipulated that as…

2Cases cited9 opinions

  1. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  2. Lines v. FrederickSupreme Court of the United States · 1970
  3. Richards v. Neilsen Freight LinesCourt of Appeals for the Ninth Circuit · 1987
  4. In Re New England Fish CompanyCourt of Appeals for the Ninth Circuit · 1984
  5. In Re KenistonUnited States Bankruptcy Court, D. New Hampshire · 1988

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

3Cited by1 opinion

  1. In Re Ronald L. JORDAN, Debra L. Jordan, Debtors. Karen L. HERRIN, Trustee, Appellant, v. Ronald L. JORDAN, Debra L. Jordan, AppelleesCourt of Appeals for the Ninth Circuit · 1990

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