Legal Opinion
Gilchinsky v. NATIONAL WESTMINISTER BANK
Supreme Court of New Jersey
Decided June 14, 1999PublishedCited by 55 opinions
1Opinion of the Court
The opinion of the Court was delivered by
GARIBALDI, J.
N.J.S.A. 25:2-1 generally exempts property held in an individual retirement account (“IRA”) from attachment by creditors. Although providing a safe harbor for retirement assets, N.J.S.A. 25:2-l(b)(l) specifically states that assets fraudulently conveyed in violation of the Uniform Fraudulent Transfer Act are not immune from attachment.' The question raised in this appeal is whether defendant’s transfer of funds from her New York pension plan, established pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C.…
2Cases cited32 opinions
- Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
- United States v. Tabor Court Realty Corp.Court of Appeals for the Third Circuit · 1986
- 24 Collier bankr.cas.2d 1414, Bankr. L. Rep. P 73,841 Max Sugarman Funeral Home, Inc. v. A.D.B. InvestorsCourt of Appeals for the First Circuit · 1991
- Kosta P. Velis, Debtor-Appellant v. Mary Kardanis, Creditor-AppelleeCourt of Appeals for the Third Circuit · 1991
- Marine Midland Bank v. MurkoffAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by55 opinions
- Official Committee of Unsecured Creditors of Fedders North America, Inc. Ex Rel. Debtors' Estates v. Goldman Sachs Credit Partners L.P. (In Re Fedders North America, Inc.)United States Bankruptcy Court, D. Delaware · 2009
- ASARCO LLC v. Americas Mining Corp.District Court, S.D. Texas · 2008
- McCain Foods USA, Inc. v. Central Processors, Inc.Supreme Court of Kansas · 2002
- Citizens State Bank Norwood Young America v. Gordon BrownSupreme Court of Minnesota · 2014
- G-I Holdings, Inc. v. Those Parties Listed on Exhibit a (In Re G-I Holdings, Inc.)United States Bankruptcy Court, D. New Jersey · 2004
50 more not listed; retrieve them via the Exa API.