Legal Opinion

In Re Gurry

United States Bankruptcy Court, E.D. Virginia

Decided August 25, 2000No. 14-10209PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

A hearing was held in open court on August 1, 2000, on the objection of Union Recovery Limited Partnership (“Union Recovery”) to the debtors’ exemption of two individual retirement accounts (“IRAs”) totaling approximately $65,400. The debtors and Union Recovery were present by counsel. The chapter 7 trustee, H. Jason Gold, was present by counsel but took no position and withdrew his own objection. The question presented is whether a debtor who is a participant in an ERISA-qualified 401(k) plan may, under the relevant Virginia exemption…

2Cases cited10 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
  3. Custer v. SweeneyCourt of Appeals for the Fourth Circuit · 1996
  4. Powell v. Chesapeake And Potomac Telephone Company Of VirginiaCourt of Appeals for the Fourth Circuit · 1985
  5. Keystone Chapter, Associated Builders and Contractors, Inc., in Representation of Its Members v. Thomas P. Foley, in His Official Capacity as the Secretary of Labor and Industry for the Commonwealth of Pennsylvania. Pennsylvania State Building and Construction Trades Council (Amicus in District Court). Thomas P. Foley, in No. 93-7547. Keystone Chapter, Associated Builders and Contractors, Inc., in Representation of Its Members, in No. 93-7573. Bell Telephone Company of Pennsylvania Communications Workers of America, Afl-Cio, District 13 v. Thomas P. Foley in His Official Capacity as Secretary of Labor and Industry for the Commonwealth of Pennsylvania James R. Davis Frayda Kamber Richard W. Martz John H. Mickens. Pennsylvania State Building and Construction Trades Council, Afl-Cio (Amicus in District Court). Thomas P. Foley James R. Davis Frayda Kamber Richard W. Martz John H. MickensCourt of Appeals for the Third Circuit · 1994

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3Cited by4 opinions

  1. In Re BissellUnited States Bankruptcy Court, E.D. Virginia · 2000
  2. Phillips v. BottomsDistrict Court, E.D. Virginia · 2000
  3. Abbate v. SpearDistrict Court, E.D. Virginia · 2003
  4. Opinion No., Arkansas Attorney General Reports2006

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