Legal Opinion
Penick v. Hirsch (In Re Hirsch)
United States Bankruptcy Court, D. Arizona
Decided December 12, 1988No. Bankruptcy Nos. B-87-6193-PHX-RGM, B-87-6194-PHX-RGM, Adv. Nos. 88-44, 88-59PublishedCited by 28 opinions
1Opinion of the Court
ORDER RE MOTION FOR SUMMARY JUDGMENT
ROBERT G. MOOREMAN, Chief Judge.
On November 10, 1988, a hearing was conducted by this Court to consider the Trustees’ Motion for Summary Judgment as well as the debtors’ Cross-Motion for Summary Judgment. At the conclusion of the hearing and after oral argument, the matter was taken under advisement.
The underlying adversary proceedings essentially arise out of the debtors’ claimed exemption under A.R.S. § 33-1126(B), which purports to allow an exemption for ERISA qualified pension plans. The essence of the Trustees’ argument is that A.R.S. § 33-1126(B) is…
2Cases cited1 opinion
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
3Cited by28 opinions
- First Options of Chicago, Inc. v. Kaplan (In Re Kaplan)United States Bankruptcy Court, E.D. Pennsylvania · 1993
- In Re VolpeUnited States Bankruptcy Court, W.D. Texas · 1989
- In the Matter of Marshall James Dyke, Debtor. William E. Heitkamp, Trustee v. Marshall James Dyke, in the Matter of Amos Daniel Felts, A/K/A Dan Felts, and Laura Otila Felts, Debtors. The Federal Deposit Insurance Corporation, as Receiver for United Bank of Texas v. Amos Daniel Felts, A/K/A Dan Felts, and Laura Otila FeltsCourt of Appeals for the Fifth Circuit · 1991
- Heitkamp v. Dyke (In Re Dyke)United States Bankruptcy Court, S.D. Texas · 1989
- Fogler v. Flindall (In Re Flindall)United States Bankruptcy Court, D. Arizona · 1989
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