Legal Opinion
Johnson v. Cooper (In Re Cooper)
United States Bankruptcy Court, E.D. Tennessee
Decided January 3, 1992No. Bankruptcy No. 90-14759, Adv. No. 91-1668PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM
JOHN C. COOK, Bankruptcy Judge.
This adversary proceeding is before the court upon cross motions for summary judgment filed by the plaintiff and the debtor-defendant (“Cooper”). The principal issue to be decided is whether the debtor’s contractual right to receive periodic payments pursuant to a prepetition settlement agreement between Cooper and the defendant, United States Fire Insurance Company (“U.S. Fire”), is excluded from the debt- or’s bankruptcy estate under the provisions of § 541(c)(2) of the Code. The facts are not in dispute and are set forth below.
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2Cases cited15 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Henry Clay Tignor v. William C. Parkinson, Jr., in Re Henry Clay Tignor, DebtorCourt of Appeals for the Fourth Circuit · 1984
- Professional & Executive Leasing, Inc., an Idaho Corporation, Petitioner v. Commissioner Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1988
- Jourolmon v. MassengillTennessee Supreme Court · 1887
- 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
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3Cited by6 opinions
- Roeder v. Ziegler (In Re Ziegler)United States Bankruptcy Court, W.D. Pennsylvania · 1993
- In Re RobbinsUnited States Bankruptcy Court, D. Connecticut · 1997
- Vucurevich v. Stragalas (In Re Stragalas)United States Bankruptcy Court, D. Arizona · 1997
- In Re MyersUnited States Bankruptcy Court, N.D. Ohio · 1996
- Jeannine Ann CrawfordUnited States Bankruptcy Court, E.D. Tennessee · 2025
1 more not listed; retrieve them via the Exa API.