Legal Opinion

Gregory Jon Piskiel

United States Bankruptcy Court, D. New Mexico

Decided February 10, 2023No. 21-10727Unknown

1Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: GREGORY JON PISKIEL, Case No. 21-10727-t7 Debtor. OPINION Before the Court are cross-motions for summary judgment on whether Debtor’s survivor benefit from his deceased father’s pension plan is available to Debtor’s creditors. The chapter 7 trustee argues that the interest is estate property and is not exempt. Debtor asserts that the interest is exempt, but also argues that the plan is a “spendthrift” trust so his interest in the plan is not property of the estate. Not reaching the exemption issue, the Court rules that Debtor’s…

2Cases cited17 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Bostock v. Clayton CountySupreme Court of the United States · 2020
  3. St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
  4. Helen Campo v. The New York City Employees' Retirement System and the City of New YorkCourt of Appeals for the Second Circuit · 1988
  5. Brown v. . SpohrNew York Court of Appeals · 1904

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