Legal Opinion

In Re Haney

United States Bankruptcy Court, E.D. Pennsylvania

Decided October 21, 2004No. 19-10518PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

The Chapter 13 Trustee (“Trustee”) has filed an objection to confirmation of Debtors’ chapter 13 plan, asserting that Debtors failed to include the value of their individual retirement accounts (“IRA accounts”) 1 as assets to be distributed under their plan. The Trustee argues that these IRA accounts are property of the estate under 11 U.S.C. § 541(a) and are not subject to exemption by Debtors and that, therefore, the liquidation value of these IRA accounts must be paid into the plan for distribution to unsecured creditors pursuant to…

2Cases cited11 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. Kosta P. Velis, Debtor-Appellant v. Mary Kardanis, Creditor-AppelleeCourt of Appeals for the Third Circuit · 1991
  3. In Re Robert H. Clark, Debtor. Robert H. Clark v. Thomas J. O'neill, as Trustee. Robert H. ClarkCourt of Appeals for the Third Circuit · 1983
  4. In Re Ronald J. Yuhas, Debtor. Thomas J. Orr v. Ronald J. YuhasCourt of Appeals for the Third Circuit · 1997
  5. Taffi v. United States (In Re Taffi)United States Bankruptcy Court, C.D. California · 1992

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3Cited by4 opinions

  1. Brockway Pressed Metals, Inc. v. Eynon Associates, Inc. (In Re Brockway Pressed Metals, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 2007
  2. Frank v. Wiggins (In Re Wiggins)District Court, M.D. Pennsylvania · 2006
  3. Hill v. DobinDistrict Court, D. New Jersey · 2006
  4. Skiba v. GouldDistrict Court, W.D. Pennsylvania · 2005

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