Legal Opinion

In Re Handel

United States Bankruptcy Court, S.D. New York

Decided November 17, 2003No. 18-23513PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM DECISION ON HSBC BANK USA’S (1) OBJECTIONS TO PROPERTY CLAIMED AS EXEMPT AND (2) MOTION FOR DETERMINATION THAT SUCH PROPERTY IS NOT EXEMPT

ROBERT D. DRAIN, Bankruptcy Judge.

HSBC Bank USA (“HSBC”) seeks a determination that the interest of Joel M. Handel in the savings and profit sharing plan established by his former law firm, Baer Marks & Upham LLP (“Baer Marks”), is property of his estate under section 541 of the Bankruptcy Code and is not exempt under section 522 of the Code. Mr. Handel’s schedule of exempt assets under Bankruptcy Rules 1007 and 4003(a) (“Exemption Schedule”)…

2Cases cited25 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. Nachman Corp. v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1980
  3. Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
  4. Kosta P. Velis, Debtor-Appellant v. Mary Kardanis, Creditor-AppelleeCourt of Appeals for the Third Circuit · 1991
  5. In Re: Nell Carter, Debtor. Nell Carter v. Peter C. Anderson, Chapter 7trustee,appelleeCourt of Appeals for the Ninth Circuit · 1999

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3Cited by5 opinions

  1. In re WestUnited States Bankruptcy Court, N.D. Illinois · 2014
  2. In Re McBrideUnited States Bankruptcy Court, S.D. Texas · 2006
  3. In re: Eric S. Gilbert v.Court of Appeals for the Third Circuit · 2024
  4. In re: Eric S. Gilbert v.Court of Appeals for the Third Circuit · 2024
  5. McDonnell v. GilbertUnited States Bankruptcy Court, D. New Jersey · 2022

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