Legal Opinion
Kosta P. Velis, Debtor-Appellant v. Mary Kardanis, Creditor-Appellee
Court of Appeals for the Third Circuit
Decided December 26, 1991No. 91-5084PublishedCited by 122 opinions
1Opinion of the Court
OPINION OF THE COURT
FULLAM, Senior District Judge.
This appeal presents important issues, of first impression in this court, concerning the status of qualified pension plans, Keogh plans, and IRA accounts in bankruptcy.
Section 541(a)(1) of the Bankruptcy Code, 11 U.S.C. § 541(a)(1), in very broad language, provides that the estate of the debt- or includes “all legal or equitable interests of the debtor in property as of the commencement of the case.” But § 541(c)(2) of the Bankruptcy Code excludes property from the estate to the extent that
“a restriction on the transfer of a beneficial…
2Cases cited18 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- 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
- In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers TrustCourt of Appeals for the Eleventh Circuit · 1985
- Goff v. TaylorCourt of Appeals for the Fifth Circuit · 1983
- In Re Robert H. Clark, Debtor. Robert H. Clark v. Thomas J. O'neill, as Trustee. Robert H. ClarkCourt of Appeals for the Third Circuit · 1983
13 more not listed; retrieve them via the Exa API.
3Cited by122 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- S.H. Ex Rel. Durrell v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 2013
- In Re Donald Dean Walker, Debtor. Donald Dean Walker v. Kenneth G.M. Mather, TrusteeCourt of Appeals for the Tenth Circuit · 1992
- United States v. Alcan Aluminum Corp.Court of Appeals for the Third Circuit · 1992
- Desvi, Inc., on Behalf of Itself and All Others Similarly Situated v. Continental Insurance CompanyCourt of Appeals for the Third Circuit · 1992
117 more not listed; retrieve them via the Exa API.