11 U.S.C. § 541(C)(2)

13 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Newman v. Newman
  903 F.2d 1150· 7th Cir.· 1990-06-07 ·cited 20×
  The court held that the corpus of a valid spendthrift trust under state law is not property of the bankruptcy estate, and income distributions from such a trust within 180 days of filing are also not property of the estate as they do not constitute a bequest, devise, or inheritan
• In re Johnson v. Fenslage
  724 F.2d 1138· 5th Cir.· 1984-02-13 ·cited 18×
  The court held that the tax-deferred annuity was not exempt from the bankruptcy estate under Texas law or ERISA, affirming the bankruptcy court's decision.
• In re Kincaid v. Watson
  917 F.2d 1162· 9th Cir.· 1990-10-25 ·cited 14×
  The concurring judge expresses doubt that a debtor's interest in an ERISA-qualified pension plan is property of the bankruptcy estate, arguing ERISA's restrictions should be considered 'applicable nonbankruptcy law' under 11 U.S.C. § 541(c)(2).
• Edward v. Regan
  691 F.2d 81· 2d Cir.· 1982-10-06 ·cited 11×
  Pension benefits are property of the bankruptcy estate under Chapter 13, and anti-assignment provisions do not prevent their use to fund repayment plans, nor do they cause disqualification under IRC § 401(a)(13).
• In re Harline v. Harline
  950 F.2d 669· 10th Cir.· 1991-12-05 ·cited 4×
  A tax-qualified ERISA pension or profit sharing plan is exempt from a debtor's bankruptcy estate under 11 U.S.C. § 541(c)(2), as the phrase 'applicable nonbankruptcy law' includes federal law like ERISA.
• In re Laurence A. Neuton v. Danning
  922 F.2d 1379· 9th Cir.· 1990-12-28 ·cited 4×
  A debtor's contingent interest in a spendthrift trust is property of the bankruptcy estate, and California law permits creditors to reach up to 25% of trust payments, excluding amounts necessary for the debtor's support.
• In re Shearn Moody, Jr. v. Shearn Moody, Jr.
  837 F.2d 719· 5th Cir.· 1988-02-19 ·cited 4×
  The court held that the district court had jurisdiction to order a trustee to provide advance notice of spendthrift trust distributions to a bankruptcy trustee, even though the distributions themselves were not property of the bankruptcy estate.
• Dzikowski v. Blais (In Re Blais)
  220 B.R. 485· S.D. Fla.· 1997-11-21 ·cited 2×
  The court held that the bankruptcy court erred by failing to inquire into the operational qualification of the profit sharing plan under IRC § 401(a) and by improperly placing the burden of proof on the trustee regarding the tenancy by the entireties exemption for personal proper
• Pitrat v. Garlikov
  992 F.2d 224· 9th Cir.· 1993-05-05 ·cited 2×
  The court held that ERISA-qualified pension plans with anti-alienation provisions are excluded from a debtor's bankruptcy estate under 11 U.S.C. § 541(c)(2) based on the Supreme Court's decision in Patterson v. Shumate.
• Currell v. Taylor
  963 F.2d 166· 8th Cir.· 1992-04-28 ·cited 2×
  The appellate court held that the district court's order remanding the case to the bankruptcy court was not a final order, and therefore dismissed the appeal.
• In re Walker v. Kenneth G.M. Mather
  959 F.2d 894· 10th Cir.· 1992-03-26 ·cited 2×
  The court held that Oklahoma's exemption statute for retirement annuities is constitutional and does not violate the Contracts Clause, and that the annuities are property of the bankruptcy estate.
• In re Jordan v. Jordan
  914 F.2d 197· 9th Cir.· 1990-09-19 ·cited 2×
  A trust created from a debtor's settlement of a personal injury claim is considered self-settled under Washington law and is therefore not an excludable spendthrift trust from the bankruptcy estate.
• In re LeFEBER
  906 F.2d 330· 7th Cir.· 1990-07-09
  The court held that the pension plan, due to its spendthrift trust provisions under Indiana law, is not part of the bankruptcy estate and therefore not available to creditors.