Legal Opinion

Regan v. Ross

Court of Appeals for the Second Circuit

Decided October 6, 1982No. Nos. 1277-1279, Dockets 82-5008, 82-5010 and 82-5012PublishedCited by 82 opinions

1Opinion of the Court

OAKES, Circuit Judge:

This appeal raises the question whether pension beneficiaries may require their pension systems to transfer a portion of their monthly benefits for distribution to creditors under Chapter 13 of the new Bankruptcy Code.1 Chapter 13 allows individuals with a “regular income”2 to avoid straight bankruptcy by making payments to creditors under a voluntary, court approved plan. In this case, three retired New York State employees wish to fund Chapter 13 plans with a portion of their monthly pension benefits. The Bankruptcy Court for the Northern District of New York confirmed…

2Cases cited18 opinions

  1. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  2. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  3. Perez. v. CampbellSupreme Court of the United States · 1971
  4. Board of Trade of Chicago v. JohnsonSupreme Court of the United States · 1924
  5. St. Martin Evangelical Lutheran Church v. South DakotaSupreme Court of the United States · 1981

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3Cited by82 opinions

  1. Goff v. TaylorCourt of Appeals for the Fifth Circuit · 1983
  2. In Re Eugene Wayne Koch, Debra Marie Nelson-Koch, Debtors. Barbara G. Stuart, United States Trustee v. Eugene Wayne Koch, Debra Marie Nelson-KochCourt of Appeals for the Eighth Circuit · 1997
  3. Hagel v. Drummond (In Re Hagel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  4. In Re KincaidCourt of Appeals for the Ninth Circuit · 1990
  5. Harry Lee McLean W. Keenan Stephenson, Jr. v. Central States, Southeast and Southwest Areas Pension Fund, United States, Amicus Curiae. In Re Harry Lee McLean Debtor. Harry Lee McLean W. Keenan Stephenson, Jr. v. Central States, Southeast and Southwest Areas Pension Fund, in Re Harry Lee McLean DebtorCourt of Appeals for the Fourth Circuit · 1985

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