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· 3/7/2003

In Re: Ronald J. Nelson, Debtor. Ronald J. Nelson v. James E. Ramette Richard Schieffer, and the Law Firm of Anderson, Dove, Fretland & Van Valkenburg

Citations

  • 322 F.3d 541
  • 30 Employee Benefits Cas. (BNA) 1740
  • 2003 U.S. App. LEXIS 4015
  • 40 Bankr. Ct. Dec. (CRR) 273
  • 2003 WL 885973

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the debtor's interest in former spouse's retirement plan arising from qualified domestic relations order was excluded from property of the estate
  • debtor's pre-petition QDRO interest in ERISA-qualified plan, with funds not disbursed as of petition date, was excluded from bankruptcy estate under § 541(c)(2)
  • for 6 My doubt stems from the fact that the initial domestic relations order, if seriously deficient, may not satisfy the QDRO requirements in § 414(p)(2
  • “A person awarded a lump-sum distribution from an ERISA plan pursuant to a divorce decree has a direct interest in plan funds while the plan reviews the DRO to determine whether it constitutes a QDRO.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bye, Gibson, John, McMILLIAN

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.