Legal Opinion
In Re Ondrey
United States Bankruptcy Court, W.D. New York
Decided November 3, 1998No. 1-19-10036PublishedCited by 4 opinions
1Opinion of the Court
DECISION AND ORDER
MICHAEL J. KAPLAN, Chief Judge.
This Motion appears to present an issue of first impression: whether a debtor’s interest in a foreign retirement savings plan (valued at over $80,000) and a foreign pension plan (valued at over $100,000) are exempt under New York Debtor and Creditor Law § 282(iii)(2)(d) 1 or 11 U.S.C. § 541(c)(2), respectively. 2 After due deliberation, the Debtor’s claim of exemption as to the pension plan is granted, and as to the retirement savings plan is hereby denied.
FACTS
The facts in this case, are largely uncontested. Gary Ondrey (hereinafter the “Debt-…
2Cases cited15 opinions
- In Re Howard's Appliance Corp., Debtor. Sanyo Electric, Inc. v. Howard's Appliance Corp.Court of Appeals for the Second Circuit · 1989
- In Re HowertonUnited States Bankruptcy Court, N.D. Texas · 1982
- In Re Ronald J. Yuhas, Debtor. Thomas J. Orr v. Ronald J. YuhasCourt of Appeals for the Third Circuit · 1997
- Carmichael v. OsherowCourt of Appeals for the Fifth Circuit · 1996
- In Re PauquetteUnited States Bankruptcy Court, D. Vermont · 1984
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re LoweUnited States Bankruptcy Court, W.D. New York · 2000
- Ring v. Wittmeyer (In Re Wittmeyer)United States Bankruptcy Court, W.D. New York · 2004
- Green v. LeibowitzDistrict Court, N.D. Illinois · 2023
- Wallach v. Ford Motor Co. (In re Performance Transportation Services, Inc.)United States Bankruptcy Court, W.D. New York · 2013