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Legal Opinion

In Re Majul

United States Bankruptcy Court, W.D. Texas

Decided August 27, 1990No. 19-50390PublishedCited by 10 opinions

1Opinion of the Court

OPINION

RONALD B. KING, Bankruptcy Judge.

The questions in this case are whether the Chapter 7 Debtors’ interest in two pension and profit sharing plans is property of the estate, and if so, whether it can be claimed as exempt property under a state exemption or “other federal law.” This Court holds that the ERISA qualified pension and profit sharing plans at issue are spendthrift trusts under the provisions of ERISA and, therefore, the Debtors’ interest in the pension plans is not property of the estate pursuant to section 541(c)(2) of the Bankruptcy Code. Alternatively, if the Debtors’…

2Cases cited19 opinions

  1. MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
  2. Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
  3. General Motors Corporation v. David J. Buha and James B. Stone, County District JudgeCourt of Appeals for the Sixth Circuit · 1980
  4. Clotfelter v. Ciba-Geigy Corp. (In Re Threewitt)District Court, D. Kansas · 1982
  5. Patterson v. McLean Credit UnionSupreme Court of the United States · 1988

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3Cited by10 opinions

  1. In Re Elizabeth Hayes Lucas, Debtor. Jane B. Forbes, Trustee v. Elizabeth Hayes Lucas, Holiday Corporation Savings and Retirement PlanCourt of Appeals for the Sixth Circuit · 1991
  2. 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
  3. In Re IdalskiUnited States Bankruptcy Court, E.D. Michigan · 1991
  4. Heitkamp v. DykeCourt of Appeals for the Fifth Circuit · 1991
  5. In Re SuarezUnited States Bankruptcy Court, S.D. Florida. · 1991

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