Case law

In Re Fritsvold

115 B.R. 192 · United States Bankruptcy Court, D. Minnesota · Jun 7, 1990

The Plan is a qualified ERISA Plan. … Fritsvold is clearly not a donee or testamentary beneficiary. His interest in the Plan is funded by tax-deferred income earned by him and ultimately taxed to him as income on distribution.

Catamount Dyers, Inc. v. Local 341 of International Ladies Garment Workers Union (In Re Catamount Dyers, Inc.)

24 B.R. 59 · United States Bankruptcy Court, D. Vermont · Sep 25, 1982

However, if such an exception is to take effect it must be clearly shown that the arbitration clause applies. … By filing under Chapter XI an employer does not become clothed in immunity from union action.” ORDER Accordingly, upon the foregoing, IT IS ORDERED as follows: 1.

Matter of Johnson

55 B.R. 800 · United States Bankruptcy Court, E.D. Virginia · Jul 11, 1985

Initially, the IRS argues that it cannot be sued absent some express waiver of immunity. See 2 Collier on Bankruptcy, 11106.01, 106-1 to 106-2 (15th ed. 1985). … In such circumstances, established case law has determined that such proofs of claim will not be disallowed because of the untimeliness of their filing. Menick v.

In Re Millennium Global Emerging Credit Master Fund Ltd.

471 B.R. 342 · United States Bankruptcy Court, S.D. New York · May 25, 2012

Thus, the requested discovery would also qualify as the taking of evidence “concerning the debtors’ assets” under § 1521(a)(4). … It is equally established, however, that while an appeal of an order or judgment is pending, the court retains jurisdiction to implement or enforce the order or judgment.” Id.

In Re Brilley

148 B.R. 39 · United States Bankruptcy Court, C.D. Illinois · Aug 18, 1992

The United States Supreme Court recently ruled that a Chapter 7 debtor’s interest in an ERISA — qualified retirement plan was excluded from the bankruptcy estate under § 541(c)(2). Patterson v. … Clearly, an IRA is not a true spendthrift trust. In a true spendthrift trust, the settlor of the trust cannot establish the trust for his own benefit.

In Re Leadbetter

111 B.R. 640 · United States Bankruptcy Court, N.D. Ohio · Mar 1, 1990

primary purpose of providing benefits upon retirement by reason of age, health, or length of service, and which is either (A) qualified under section 401(a) of the Internal Revenue Code, or any successor thereto, or (B) established … It merely is a qualified deferred compensation program which was not intended to provide for the maintenance and support of its beneficiaries.

Helms v. Metro. Life Ins. Co. (In re O'Malley)

601 B.R. 629 · United States Bankruptcy Court, N.D. Illinois · May 23, 2019

July 24, 1991) ("While the discussions in [a particular case] are dicta and therefore not binding on [the court], they are clearly helpful and [the court] rel[ies] heavily on the thoughtful analysis" therein); In re Arguin … As to avoidance, the undisputed facts in this matter establish that the TAMO transfers satisfy all four elements required under § 549(a).

Schieffler v. Pryor (In re Baldwin)

184 B.R. 558 · United States Bankruptcy Court, E.D. Arkansas · Apr 12, 1995

Said actions by the trustee and Baldwin were clearly taken only for the purpose of attempting to extract additional monies from the defendants without legal basis or justification. … to determine the issue of immunity. .

In Re Cella

128 B.R. 574 · United States Bankruptcy Court, W.D. Oklahoma · Jul 2, 1991

It is apparent to the Court that § 1(A)(20) is intended to apply only to retirement funds, and that the reference therein to “annuities” refers to annuities established as a part of a retirement program. … The Compensation Award clearly does not constitute an “annuity” of any type.

Kramer v. Joseph (In Re Joseph)

22 B.R. 319 · United States Bankruptcy Court, E.D. New York · Aug 4, 1982

While this immunity is not absolute, 2 the privilege protects officers and directors who act within the scope Of their authority. 3 Gulickson v. Forest, ‘ supra; Greyhound Corp. v. Commercial Cas. … Officers and directors who convert goods for their own use have been held personally liable because the officer clearly is not acting on behalf of the corporation, but for his own interest against the corporation.

In Re Wyles

123 B.R. 733 · United States Bankruptcy Court, E.D. Virginia · Jan 28, 1991

The court stated “[b]ecause ERISA clearly prevents general creditors from reaching a debtor’s interest in this ERISA-qualified trust, it constitutes “applicable nonbankruptcy law” under which restriction on the transfer of … On the other hand, there is absolutely no showing that this trust was established or maintained by Dr. Wyles to defraud his creditors. For example, the evidence does not reveal any last minute, prebankruptcy planning.

Newman v. Eli Witt Co. (In Re Eli Witt Co.)

20 B.R. 778 · United States Bankruptcy Court, M.D. Florida · May 14, 1982

These disability benefits, however, are available only to active members. § 3.11, page 8-B, clearly establishes in its opening line that “[a]n active member is eligible for a monthly disability payment if ...” … In every instance in which the more general term “member” is used in § 3.11, the context clearly establishes that it is referring only to a member eligible for disability payments, which, in turn, is clearly only an active

Shackelford v. United States (In Re Shackelford)

3 B.R. 42 · United States Bankruptcy Court, W.D. Missouri · Feb 19, 1980

It is not within the jurisdiction of this Court to establish a code of morals for taxpayers. That jurisdiction is vested in the legislative branch of the state. … While this Court fully concurs with counsel’s conclusion that “in this case we believe the dependency exemption deduction statutes themselves and the legislative history behind these statutes clearly establish a congressional

In Re New Century Trs Holdings, Inc.

386 B.R. 11 · United States Bankruptcy Court, D. Delaware · Feb 14, 2008

have been excessive or in any manner wrongfully collected, until a claim for refund or credit has been duly filed with the Secretary, according to the provisions of law in that regard, and the regulations of the Secretary established … Clearly the Motion is a request for a tax refund. 6 . Section 1.6411-3 of the Regulations was amended on August 27, 2007, but the amendment did not alter substantively the language quoted above. (See 72 F.R. 48933 -01).

In Re Ciotta

222 B.R. 626 · United States Bankruptcy Court, C.D. California · Jul 15, 1998

In order to qualify for the exemption, a Debtor must demonstrate that a cognizable physical injury has been suffered. … In order to qualify for the “personal bodily injury” exemption, Ciotta must clearly demonstrate that she has suffered an appreciable physical injury.

In re Council of Unit Owners of the 100 Harborview Drive Condominium

572 B.R. 131 · United States Bankruptcy Court, D. Maryland · Jun 9, 2017

It was established in 1993 as a condominium regime and contains 249 units and a health club. Disclosure Statement [P. 190]. 2. … Because the officers and directors are immune from suit in their official capacities, the debtor may be judgment-proof. . Mr.

Ernst v. O'Brien (In Re O'Brien)

67 B.R. 317 · United States Bankruptcy Court, N.D. Iowa · Nov 14, 1986

“while pre-bankruptcy conversion of nonexempt assets is frequently motivated by the attempt to put those assets beyond the reach of creditors, which is the function of an exemption ...”, such evidence is insufficient to establish … Clearly, had the Debtor taken the unencumbered cash and paid those expenses without ever purchasing life insurance, such conduct would not have been fraudulent or in any way prohibited.

Gouveia v. Pulley (In Re Pulley)

111 B.R. 715 · United States Bankruptcy Court, N.D. Indiana · Oct 12, 1989

Such accounts are clearly includable in the estate. ... … Clearly he was both the settlor and beneficiary.

Chittenden Trust Co. v. Stephens (In Re Stephens)

47 B.R. 85 · United States Bankruptcy Court, D. Vermont · Feb 7, 1985

The records in the case establish as undisputed the facts which follow. FACTS The chapter 7 petition commencing this case was filed on August 10, 1983. A discharge issued on December 12, 1983. … Thus any funds belonging to and payable to the trust beneficiary are immune from the claims of creditors until payment is made to the benefi *88 ciary. Id.

In Re Ross

156 B.R. 272 · United States Bankruptcy Court, D. Idaho · Jul 25, 1993

Thus, even if implicit authentication was protected by the Fifth Amendment in this case, debtors have not established an entitlement to the privilege. … It is for the court to say whether his silence is justified, ... and to require him to answer if “it clearly appears to the court that he is mistaken.” Hoffman v.