Legal Opinion

In Re Mendenhall

United States Bankruptcy Court, D. Oregon

Decided April 14, 1980No. 17-30579PublishedCited by 18 opinions

1Opinion of the Court

OPINION

MICHAEL R. HOGAN, Bankruptcy Judge.

Melvin Fred Mendenhall, the bankrupt, participated in a prototype Keogh pension plan prior to filing a voluntary bankruptcy petition. This court issued an Order denying his claim of exemption to the funds contributed to the plan and later allowed the bankrupt to submit authority in support of setting that Order aside and allowing the exemption. The bankrupt now offers the following three grounds in support of his position.

1. The Keogh plan is not “property” of the estate for purposes of the Federal Bankruptcy Act.

2. The Keogh plan is exempt under…

2Cases cited18 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Segal v. RochelleSupreme Court of the United States · 1966
  3. Kokoszka v. BelfordSupreme Court of the United States · 1974
  4. Anita T. Owens v. Raymond L. WhiteCourt of Appeals for the Ninth Circuit · 1967
  5. H. S. Mann Corp. v. MoodyCalifornia Court of Appeal · 1956

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3Cited by18 opinions

  1. 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
  2. American Honda Finance Corp. v. Cilek (In Re Cilek)United States Bankruptcy Court, W.D. Wisconsin · 1990
  3. In Re ClarkUnited States Bankruptcy Court, E.D. Tennessee · 1982
  4. Watson v. Kincaid (In Re Kincaid)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
  5. Matter of BerndtUnited States Bankruptcy Court, N.D. Indiana · 1983

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