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Legal Opinion

In Re Brown

United States Bankruptcy Court, N.D. Oklahoma

Decided January 19, 1989No. 19-10326PublishedCited by 33 opinions

1Opinion of the Court

MEMORANDUM AND OPINION

STEPHEN J. COVEY, Bankruptcy Judge.

The above-named debtors have heretofore filed for relief under Chapter 7 of the Bankruptcy Code. All of the debtors claimed as exempt their interest in pension benefit plans maintained by their employers. It has been stipulated to by all parties that all of the pension benefit plans are qualified under the Employee Retirement Income Security Act of 1974, 29 U.S.C.Ann. § 1001 et seq. (“ERISA”). The trustee has objected to the claims of exemptions.

The issue to be decided is whether the interest of the debtors in these plans are exempt…

2Cases cited6 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  4. MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
  5. In Re Charles W. Graham, Debtor. Edward F. Samore, Trustee v. Charles W. Graham, Trustee of the Charles W. Graham, M.D. Ltd. Profit Sharing Plan TrustCourt of Appeals for the Eighth Circuit · 1984

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3Cited by33 opinions

  1. In Re VolpeUnited States Bankruptcy Court, W.D. Texas · 1989
  2. 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
  3. Heitkamp v. Dyke (In Re Dyke)United States Bankruptcy Court, S.D. Texas · 1989
  4. In Re GainesUnited States Bankruptcy Court, W.D. Missouri · 1989
  5. Fogler v. Flindall (In Re Flindall)United States Bankruptcy Court, D. Arizona · 1989

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