In Re Dunn
United States Bankruptcy Court, E.D. Michigan
1Opinion of the Court
OPINION
STEVEN W. RHODES, Chief Judge.
A restriction on the transfer of an interest in a trust that is created and funded by an individual for the benefit of that individual is not enforceable in, bankruptcy because the restriction is not enforceable under applicable law. The issue in this case is whether the result should be different when the trust is created by the debtor’s employer, but is still fully funded through voluntary contributions by the debtor. The Court concludes that the result should not be different, and that therefore the debtor’s beneficial interest in the Annuity Savings…
2Cases cited32 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- General Motors Corporation v. David J. Buha and James B. Stone, County District JudgeCourt of Appeals for the Sixth Circuit · 1980
- William H. Nolan, on Behalf of Himself and All Others Similarly Situated v. Richard B. MeyerCourt of Appeals for the Second Circuit · 1975
- In Re KincaidCourt of Appeals for the Ninth Circuit · 1990
- Kenneth J. Cowan v. Keystone Employee Profit Sharing FundCourt of Appeals for the First Circuit · 1978
27 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re ParkUnited States Bankruptcy Court, E.D. Texas · 2000
- In Re CiottaUnited States Bankruptcy Court, C.D. California · 1998
- In Re MuellerUnited States Bankruptcy Court, D. Maryland · 2000
- In Re ZottUnited States Bankruptcy Court, E.D. Michigan · 1998
- In Re WhitsonUnited States Bankruptcy Court, E.D. Arkansas · 2005
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