Legal Opinion
In Re Acosta
District Court, N.D. California
Decided November 8, 1994No. C 94-795-FMSPublishedCited by 8 opinions
1Opinion of the Court
ORDER AFFIRMING THE BANKRUPTCY COURT’S JUDGMENT
FERN M. SMITH, District Judge.
ISSUES
This appeal requires the Court to decide whether the United States Bankruptcy Court committed clear error by (1) holding that appellant Julio Acosta’s (“Acosta”) pension plans were not excluded from his bankruptcy estate pursuant to the anti-alienation provisions of Title I and the Internal Revenue Code (“I.R.C.”); (2) finding that ERISA preempted California law and that the pension plans were not exempt under California Civil Procedure Code section 704.115; and (3) approving the settlement agreement between…
2Cases cited17 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
- Sireci v. FloridaSupreme Court of the United States · 1982
- George Kwatcher v. Massachusetts Service Employees Pension FundCourt of Appeals for the First Circuit · 1989
- Callie v. NearCourt of Appeals for the Ninth Circuit · 1987
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3Cited by8 opinions
- In re W.R. Grace & Co.District Court, D. Delaware · 2012
- In Re DunnUnited States Bankruptcy Court, E.D. Michigan · 1997
- In Re WatsonUnited States Bankruptcy Court, D. Nevada · 1996
- Securities & Exchange Commission v. JohnstonDistrict Court, E.D. Michigan · 1996
- Kaler v. Craig (In Re Craig)District Court, D. North Dakota · 1997
3 more not listed; retrieve them via the Exa API.