Legal Opinion

Pineo v. Fulton (In Re Fulton)

United States Bankruptcy Court, W.D. Pennsylvania

Decided November 3, 1999No. 19-20052PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION

M. BRUCE McCULLOUGH, Bankruptcy Judge.

Ronald Fulton (hereafter “Fulton”), one of the above-captioned debtors and the instant defendant, presently retains possession of three separate individual retirement annuities (hereafter the “IRA Annuities”) issued by the John Hancock Mutual Life Insurance Company (hereafter “John Hancock”). Fulton contends that he does not have to turn over to the instant Chapter 7 Trustee possession of the IRA Annuities because, according to Fulton, said annuities are excluded from property of his bankruptcy estate pursuant to 11 .U.S.C. § 541(c)(2).…

2Cases cited31 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. Jaffke v. DunhamSupreme Court of the United States · 1957
  3. Kosta P. Velis, Debtor-Appellant v. Mary Kardanis, Creditor-AppelleeCourt of Appeals for the Third Circuit · 1991
  4. 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
  5. Elliott v. BumbCourt of Appeals for the Ninth Circuit · 1966

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3Cited by19 opinions

  1. In Re KrebsCourt of Appeals for the Third Circuit · 2008
  2. Rhiel v. Adams (In Re Adams)Bankruptcy Appellate Panel of the Sixth Circuit · 2003
  3. DeNadai v. Preferred Capital Markets, Inc.District Court, D. Massachusetts · 2001
  4. Walsh v. Hendrickson (In Re Hendrickson)United States Bankruptcy Court, W.D. Pennsylvania · 2002
  5. Brockway Pressed Metals, Inc. v. Eynon Associates, Inc. (In Re Brockway Pressed Metals, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 2007

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