Legal Opinion
In the Matter of Jack G. Brooks, M.D., Debtor. Jack G. Brooks, M.D. v. Interfirst Bank, Fort Worth
Court of Appeals for the First Circuit
Decided May 10, 1988No. 87-1546PublishedCited by 34 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
A medical doctor, practicing as a radiologist, filed for bankruptcy in 1985. During the bankruptcy proceedings, he attempted to exclude from the estate his interest in an Employee Retirement Income Security Act (ERISA) pension plan created by the professional association of which he is a member. The issue is whether his interest in the plan is protected from the claims of the bankrupt doctor’s creditors because it is a valid spendthrift trust under Texas law. We agree with the district court and the bankruptcy court, 60 B.R. 155, that the trust is not a…
2Cases cited12 opinions
- 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
- James Leroy Jackson v. Johns-Manville Sales Corporation and Raybestos-Manhattan, Inc., DefendantsCourt of Appeals for the Fifth Circuit · 1986
- In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers TrustCourt of Appeals for the Eleventh Circuit · 1985
- Bank of Dallas v. Republic National Bank of DallasCourt of Appeals of Texas · 1976
- Marion Edwards v. State Farm Insurance Company and "John Doe,"Court of Appeals for the Fifth Circuit · 1987
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- In Re KincaidCourt of Appeals for the Ninth Circuit · 1990
- Forsyth v. RoweSupreme Court of Connecticut · 1993
- In the Matter of Marshall James Dyke, Debtor. William E. Heitkamp, Trustee v. Marshall James Dyke, in the Matter of Amos Daniel Felts, A/K/A Dan Felts, and Laura Otila Felts, Debtors. The Federal Deposit Insurance Corporation, as Receiver for United Bank of Texas v. Amos Daniel Felts, A/K/A Dan Felts, and Laura Otila FeltsCourt of Appeals for the Fifth Circuit · 1991
- Heitkamp v. Dyke (In Re Dyke)United States Bankruptcy Court, S.D. Texas · 1989
- Kaplan v. Primerit Bank (In Re Kaplan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
29 more not listed; retrieve them via the Exa API.