Legal Opinion

In the Matter of Thomas J. Perkins, Jr., Debtor-Appellant, and Appeal of Teachers' Retirement System of the State of Illinois, Intervening

Court of Appeals for the Seventh Circuit

Decided May 22, 1990No. 88-3312PublishedCited by 116 opinions

1Opinion of the Court

BAUER, Chief Judge.

This case is before us on appeal from the district court’s decision reversing the order of the bankruptcy court. Appellees Olga and James Rouka (the “Roukas”), creditors of Thomas Perkins, Jr. (“Perkins”), filed a motion in the bankruptcy court requesting that the Teachers’ Retirement System of the State of Illinois (“TRS”) turn over Per-kin’s pension fund account to the bankruptcy trustee. The Roukas, however, never served TRS with notice of the motion. Finding that the pension account was not property of the estate, pursuant to the 11 U.S.C. § 541(c)(2) spendthrift trust…

2Cases cited30 opinions

  1. Maggio v. ZeitzSupreme Court of the United States · 1948
  2. In the Matter of Consolidated Bancshares, Inc., D/B/A Consolidated Investors, Inc., Debtor. Pierson & Gaylen, Ray & Terrell & Grubbs, Cross- v Creel & Atwood and Jack Bryant, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
  3. Louisiana World Exposition v. Federal Insurance CompanyCourt of Appeals for the Fifth Circuit · 1988
  4. Koch Refining v. Farmers Union Central Exchange, Inc.Court of Appeals for the Seventh Circuit · 1987
  5. Acolyte Electric Corp. v. City of New YorkUnited States Bankruptcy Court, E.D. New York · 1986

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3Cited by116 opinions

  1. DLH, Inc. v. RussSupreme Court of Minnesota · 1997
  2. The Matter of Zale Corporation, Debtor. Alan D. Feld, and National Union Fire Insurance Company, Inc., of Pittsburgh, Pennsylvania v. Zale CorporationCourt of Appeals for the Fifth Circuit · 1995
  3. Anne Spaine v. Community Contacts, Inc.Court of Appeals for the Seventh Circuit · 2014
  4. Bruce K. Cable, as Debtor in Possession v. Ivy Tech State CollegeCourt of Appeals for the Seventh Circuit · 1999
  5. In the Matter of Phyllis Maxine Pence, Debtor. Appeal of Pacesetter Bank of MontpelierCourt of Appeals for the Seventh Circuit · 1990

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