Legal Opinion

Warren v. Scott (In Re Phillips)

United States Bankruptcy Court, S.D. Ohio

Decided November 7, 1983No. Adv. No. 3-83-0282, Bankruptcy No. 3-82-03019PublishedCited by 27 opinions

1Opinion of the Court

DECISION AND ORDER

CHARLES A. ANDERSON, Bankruptcy Judge.

Presently before the court is plaintiff-trustee’s motion for turnover of property, which was filed on April 20, 1988. The property claimed by the plaintiff-trustee is the defendant-debtor’s interest in a profit sharing pension plan with his defendant-employer, O.M. Scott & Sons [Scott],

On October 25, 1982, Edward Dale Phillips, filed for bankruptcy. On that date, he had an interest in a profit sharing pension plan. 1 This interest was not initially listed as an asset, but was later added by amendment on December 17, 1982, when he claimed…

2Cases cited19 opinions

  1. United States v. OregonSupreme Court of the United States · 1961
  2. Goff v. TaylorCourt of Appeals for the Fifth Circuit · 1983
  3. General Motors Corporation v. David J. Buha and James B. Stone, County District JudgeCourt of Appeals for the Sixth Circuit · 1980
  4. Clotfelter v. Ciba-Geigy Corp. (In Re Threewitt)District Court, D. Kansas · 1982
  5. Interstate Commerce Commission v. Central Vermont Railway, Inc.Supreme Court of the United States · 1961

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3Cited by27 opinions

  1. In Re Elizabeth Hayes Lucas, Debtor. Jane B. Forbes, Trustee v. Elizabeth Hayes Lucas, Holiday Corporation Savings and Retirement PlanCourt of Appeals for the Sixth Circuit · 1991
  2. 13 Collier bankr.cas.2d 793, Bankr. L. Rep. P 70,763, 7 Employee Benefits Ca 1096 in Re Howard Douglas Daniel, Debtor. Howard Douglas Daniel, Debtor-Appellant v. Security Pacific National Bank, Commercial Bank of San Francisco, Leasco Capital Corporation, and Capital Reserve Leasing Corporation, Creditors-AppelleesCourt of Appeals for the Ninth Circuit · 1985
  3. Matter of VelisDistrict Court, D. New Jersey · 1991
  4. Anderson v. Raine (In re Moore)Court of Appeals for the Fourth Circuit · 1990
  5. Schechter v. Balay (In Re Balay)United States Bankruptcy Court, N.D. Illinois · 1990

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