Mitchell v. West (In Re West)

How courts have described this case

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

• court found spendthrift trust where debtor had no direct control over any aspect of the plan and had very restricted access to the account
• debtor’s interest in ERISA plan qualifies as valid spendthrift trust under state law, and, alternatively, is exempt as pension under state law.
• “that the beneficiary may borrow from the trust does not necessarily invalidate a spendthrift clause.” Id. 25.
• “The debtor’s interest in property excluded under section 541(c)(2) is not listed in section 541(a)(5).... [B]y this omission, Congress intended that such property not come into the estate.”
• court found spendthrift trust where debtor had no direct control over any aspect of the plan and had very restricted access to the account
• the distinction between the corporation and the beneficiary has been disregarded

Source: CourtListener parenthetical corpus (CC0).