United States v. Lewis (In Re Lewis)
District Court, D. Colorado
1Opinion of the Court
MEMORANDUM DECISION ON APPEAL
KANE, Senior District Judge.
I. Introduction
The government appeals an order of the bankruptcy court which held that the debt- or’s rights in an ERISA qualified pension plan were superior to the government’s. The court below, in a contested proceeding, held that the funds were exempt under federal law and initially ordered the trustee to pay them to the debtor. Upon reconsideration, the bankruptcy court determined it would only have jurisdiction to resolve the competing claims in an adversary proceeding. The government asserts in this appeal that the bankruptcy…
2Cases cited11 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
- Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
- In Re Billie Lamont Gardner, Debtor. Terryl A. Gardner v. United States of America, and William H. Zimmerman, Jr., TrusteeCourt of Appeals for the Tenth Circuit · 1990
- Arra Ray Messenger v. United StatesCourt of Appeals for the Second Circuit · 1956
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3Cited by8 opinions
- In Re Cannonsburg Environmental Associates, Ltd., Debtor. Tully Construction Company, Inc. v. Cannonsburg Environmental Associates, Ltd.Court of Appeals for the Sixth Circuit · 1996
- Ebel v. Ebel (In Re Ebel)District Court, D. Colorado · 1992
- CIT Group/Business Credit, Inc. v. Official Committee of Unsecured Creditors of E-Z Serve Convenience Stores, Inc. (In Re E-Z Serve Convenience Stores, Inc.)United States Bankruptcy Court, M.D. North Carolina · 2004
- In Re National Center for the Employment of the DisabledUnited States Bankruptcy Court, W.D. Texas · 1993
- Calendario v. Pagan (In Re Pagan)United States Bankruptcy Court, D. Massachusetts · 2002
3 more not listed; retrieve them via the Exa API.