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Legal Opinion

Clotfelter v. Ciba-Geigy Corp. (In Re Threewitt)

District Court, D. Kansas

Decided November 17, 1982No. Civ. 82-1536PublishedCited by 72 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

KELLY, District Judge.

This matter is now before the Court on appeal from the Bankruptcy Court’s ruling that a debtor’s Chapter 7 bankruptcy estate includes the debtor’s vested, undistributed interest in a pension plan operated by his employer and qualified under the Employee Retirement Income Security Act of 1974 (“ERISA”), P.L. No. 93-406, 88 Stat. 829. As explained below, the Court concludes that the debtor’s interest in the plan is excluded from his bankruptcy estate by virtue of 11 U.S.C. § 541(c)(2), and that the Bankruptcy Court’s ruling must therefore be reversed.…

2Cases cited8 opinions

  1. General Motors Corporation v. David J. Buha and James B. Stone, County District JudgeCourt of Appeals for the Sixth Circuit · 1980
  2. Commercial Mortgage Insurance v. Citizens National BankDistrict Court, N.D. Texas · 1981
  3. National Bank of North America v. International Brotherhood of Electrical Workers Local No. 3Appellate Division of the Supreme Court of the State of New York · 1979
  4. Electrical Workers, Local No. 1 Credit Union v. IBEW-NECA Holiday Trust FundSupreme Court of Missouri · 1979
  5. Clotfelter v. Ciba-Geigy Corp. (In Re Threewitt)United States Bankruptcy Court, D. Kansas · 1982

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3Cited by72 opinions

  1. In Re Charles W. Graham, Debtor. Edward F. Samore, Trustee v. Charles W. Graham, Trustee of the Charles W. Graham, M.D. Ltd. Profit Sharing Plan TrustCourt of Appeals for the Eighth Circuit · 1984
  2. Goff v. TaylorCourt of Appeals for the Fifth Circuit · 1983
  3. 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
  4. 13 Collier bankr.cas.2d 793, Bankr. L. Rep. P 70,763, 7 Employee Benefits Ca 1096 in Re Howard Douglas Daniel, Debtor. Howard Douglas Daniel, Debtor-Appellant v. Security Pacific National Bank, Commercial Bank of San Francisco, Leasco Capital Corporation, and Capital Reserve Leasing Corporation, Creditors-AppelleesCourt of Appeals for the Ninth Circuit · 1985
  5. In Re HallUnited States Bankruptcy Court, W.D. Michigan · 1993

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