Legal Opinion
In Re Cutignola
United States Bankruptcy Court, S.D. New York
Decided May 18, 2011No. 18-37005PublishedCited by 6 opinions
1Opinion of the Court
OPINION DENYING TRUSTEE’S MOTION FOR TURNOVER OF ASSETS
CECELIA G. MORRIS, Bankruptcy Judge.
The chapter 7 trustee seeks turnover of an individual retirement account and homestead exemption, which were owned by debtor Elenita Cutignola, on the grounds that they passed to the bankruptcy estate upon her death post-petition. Debtor Vincent Cutignola opposes the motion, arguing that the assets retain their exempt status, having passed to him as the beneficiary of his spouse’s will. The Court finds that the homestead and retirement funds, which are inherited by a spouse, retain their exempt…
2Cases cited12 opinions
- In Re De KleinmanUnited States Bankruptcy Court, S.D. New York · 1994
- In the Matter of Jerry Daniel WilsonCourt of Appeals for the Eleventh Circuit · 1982
- Doeling v. Nessa (In Re Nessa)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2010
- In Re KirchenUnited States Bankruptcy Court, E.D. Wisconsin · 2006
- In Re KuchtaUnited States Bankruptcy Court, N.D. Ohio · 2010
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3Cited by6 opinions
- In Re RiceUnited States Bankruptcy Court, E.D. Michigan · 2011
- In re WalleyUnited States Bankruptcy Court, E.D. Virginia · 2015
- In re WalzUnited States Bankruptcy Court, D. Minnesota · 2016
- DuVall v. County of Ontario, New YorkUnited States Bankruptcy Court, W.D. New York · 2020
- Duvall v. County of Ontario, New YorkDistrict Court, W.D. New York · 2021
1 more not listed; retrieve them via the Exa API.