Legal Opinion

Johnston v. Mayer (In Re Johnston)

United States Bankruptcy Court, E.D. Virginia

Decided February 19, 1998No. 19-50036PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

MARTIN V.B. BOSTETTER, Jr., Chief Judge.

In the case at bar we are called upon to determine whether the trustee’s objection to the debtor’s claimed exemption of $84,-534.00 currently in her former husband’s pension plan should be sustained. The parties have stipulated to the fact that the pension plan is an ERISA-qualified plan. The issue is whether the funds become property of the estate upon distribution to the debtor pursuant to a qualified domestic relations order. A hearing was held and after hearing argument from both counsel for the debtor and the trustee, the court…

2Cases cited9 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. In Re HanesUnited States Bankruptcy Court, E.D. Virginia · 1994
  3. In Re CaslavkaUnited States Bankruptcy Court, N.D. Iowa · 1995
  4. In Re CesareUnited States Bankruptcy Court, D. Connecticut · 1994
  5. In Re BennettUnited States Bankruptcy Court, E.D. New York · 1995

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In Re: Ronald J. Nelson, Debtor. Ronald J. Nelson v. James E. Ramette Richard Schieffer, and the Law Firm of Anderson, Dove, Fretland & Van ValkenburgCourt of Appeals for the Eighth Circuit · 2003
  2. Ostrander v. Lalchandani (In Re Lalchandani)Bankruptcy Appellate Panel of the First Circuit · 2002
  3. In Re HagemanUnited States Bankruptcy Court, S.D. Ohio · 2001
  4. Nelson v. Ramette (In Re Nelson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2002
  5. In Re ParksUnited States Bankruptcy Court, D. Utah · 2000

7 more not listed; retrieve them via the Exa API.

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