Applicable Nonbankruptcy Law

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

• In re Elbert Wayne Goff and Wife v. Vince Taylor in Bankruptcy
  706 F.2d 574· 5th Cir.· 1983-06-06 ·cited 68×
  ERISA's anti-alienation provisions do not, by themselves, exempt a debtor's interest in a qualified pension trust from the bankruptcy estate under Section 541(c)(2) of the Bankruptcy Code.
• In re Graham v. Graham
  726 F.2d 1268· 8th Cir.· 1984-01-20 ·cited 44×
  An ERISA-required anti-alienation provision does not exclude pension funds from the bankruptcy estate under 11 U.S.C. § 541(c)(2), nor does it create a federal exemption under § 522(b)(2)(A).
• Sumy v. Schlossberg
  777 F.2d 921· 4th Cir.· 1985-11-21 ·cited 21×
  Entireties property owned by a debtor and non-filing spouse is not exempt under § 522(b)(2)(B) to the extent that debts are owed jointly to creditors, and the trustee may administer such property for the benefit of joint creditors under § 363(h).
• In re Lucas v. Lucas
  924 F.2d 597· 6th Cir.· 1991-01-14 ·cited 20×
  Interests in an ERISA-qualified pension plan are excluded from the bankruptcy estate under 11 U.S.C. § 541(c)(2) because ERISA's anti-alienation provisions constitute 'applicable nonbankruptcy law'.
• 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 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).
• Ambler Coleman Ragsdale and Ann Parrish Hancock Ragsdale v. Genesco, Inc.
  674 F.2d 277· 4th Cir.· 1982-03-24 ·cited 14×
  A Bankruptcy Court may extend the deadline for objecting to a debtor's claimed exemptions, and property held as tenants by the entirety is not exempt if a joint judgment against both debtors can be satisfied from it under applicable nonbankruptcy law.
• In re Se. Banking Corp. v. First Tr. OF NEW York
  156 F.3d 1114· 11th Cir.· 1998-09-28 ·cited 12×
  Southeast Banking Corporation filed for Chapter 7 bankruptcy, and disputes arose between senior and junior creditors regarding post-petition interest. Senior creditors (Chemical Bank and Gabriel Capital) sought to recover post-petition interest from distributions otherwise payabl
• Claude Pitrat, Kendrick M. Mercer, P.C. v. Garlikov
  947 F.2d 419· 9th Cir.· 1991-10-25 ·cited 12×
  The dissenting judge argues that the Bankruptcy Code, not ERISA's preemption provision, should govern the validity of state exemption statutes in bankruptcy.
• Landmark Fin. Servs. v. Hall
  918 F.2d 1150· 4th Cir.· 1990-11-16 ·cited 11×
  The court held that a Chapter 13 debtor curing a mortgage default on their principal residence is not required to pay postpetition interest on arrearages unless the loan agreement or applicable nonbankruptcy law mandates it.
• Shumate v. Patterson
  943 F.2d 362· 4th Cir.· 1991-08-12 ·cited 6×
  An interest in an ERISA-qualified pension plan is not includible in a debtor's bankruptcy estate, even if the debtor controls the plan, because ERISA's non-alienation provision constitutes an enforceable restriction under applicable nonbankruptcy law.
• 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.
• Hoffman v. Signature Bank of Ga.
  22 F.4th 1341· 11th Cir.· 2022-01-24 ·cited 2×
  Roth IRAs are excluded from a Georgia debtor's bankruptcy estate pursuant to federal law, as they are protected by Georgia's garnishment exemption statute.
• 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.
• 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 Eldon S. Reed v. Drummond
  951 F.2d 1046· 9th Cir.· 1991-12-11 ·cited 2×
  An ERISA-qualified pension plan is not exempt from a debtor's bankruptcy estate because the relevant state exemption statute is preempted by ERISA, ERISA itself is not 'other Federal law' for exemption purposes, and the plan does not qualify as a spendthrift trust under applicabl