Legal Opinion
Hill v. Dobin
District Court, D. New Jersey
Decided December 4, 2006No. Civ. No. 06-3265 (JAP). Bankruptcy No. 04-30325PublishedCited by 5 opinions
1Opinion of the Court
OPINION
PISANO, District Judge.
Pursuant to 28 U.S.C. § 158(a)(1), Debt- or Phyllis Hill (“Hill”) has appealed the United States Bankruptcy Court’s June 14, 2006 orders granting summary judgment in favor of the Trustee and denying Hill’s request that her interest in two annuities be excluded from her bankruptcy estate. The issue presented here is whether Hill’s interest in the annuities qualifies for exclusion from the bankruptcy estate pursuant to 11 U.S.C. § 541(c)(2). Resolving some disagreement among the bankruptcy courts in this district, the Court holds that an asset is excluded from the…
2Cases cited20 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Williams v. TaylorSupreme Court of the United States · 2000
- Patterson v. ShumateSupreme Court of the United States · 1992
- In the Matter of J.P. Fyfe, Inc. Of Florida v. Bradco Supply CorporationCourt of Appeals for the Third Circuit · 1989
- Kosta P. Velis, Debtor-Appellant v. Mary Kardanis, Creditor-AppelleeCourt of Appeals for the Third Circuit · 1991
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3Cited by5 opinions
- In re WestUnited States Bankruptcy Court, N.D. Illinois · 2014
- Rhiel v. OhioHealth Corp. (In Re Hunter)United States Bankruptcy Court, S.D. Ohio · 2008
- In re FosterUnited States Bankruptcy Court, E.D. Virginia · 2016
- BAREL v. FEDERAL NATIONAL MORTGAGE ASSOCIATIONDistrict Court, D. New Jersey · 2020
- McDonnell v. GilbertUnited States Bankruptcy Court, D. New Jersey · 2022