Legal Opinion
In Re Hall
United States Bankruptcy Court, W.D. Michigan
Decided February 18, 1993No. 16-05821PublishedCited by 49 opinions
1Opinion of the Court
OPINION REGARDING DEBTOR’S CLAIMS OF EXEMPTION
JAMES D. GREGG, Bankruptcy Judge.
I.ISSUES
This contested matter requires the court to determine whether certain retirement plans are exempt from an individual chapter 7 debtor’s bankruptcy estate. First, is a pension plan maintained by and benefit-ting only a sole shareholder and his spouse property of the estate pursuant to 11 U.S.C. § 541(c)(2)? 1 Second, if the pension plan is property of the estate, may the pension plan be exempted pursuant to § 522(d)(10)(E)? Third, may an individual retirement plan be exempt from property of the estate…
2Cases cited45 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
- Patterson v. ShumateSupreme Court of the United States · 1992
- Kennedy v. Allied Mutual Insurance Co.Court of Appeals for the Ninth Circuit · 1991
- Northcross v. Memphis Board of EducationSupreme Court of the United States · 1973
40 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- First Options of Chicago, Inc. v. Kaplan (In Re Kaplan)United States Bankruptcy Court, E.D. Pennsylvania · 1993
- Carmichael v. OsherowCourt of Appeals for the Fifth Circuit · 1996
- In the Matter of Jerome D. Baker, Debtor. Appeal of Lasalle Bank NiCourt of Appeals for the Seventh Circuit · 1997
- Kaplan v. First Options of Chicago, Inc.District Court, E.D. Pennsylvania · 1995
- In Re HanesUnited States Bankruptcy Court, E.D. Virginia · 1994
44 more not listed; retrieve them via the Exa API.