· 7/16/1991
Raymond Lione Morter, AKA D/B/A Swinengineering, Inc., Debtor-Appellant v. Farm Credit Services
Citations
- 937 F.2d 354
- 14 Employee Benefits Cas. (BNA) 1001
- 1991 U.S. App. LEXIS 15235
- 21 Bankr. Ct. Dec. (CRR) 1525
- 1991 WL 127571
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[I]n every decision we could find that addressed the very pointed question whether TIAA is a spendthrift trust under New York law, the answer was a resounding ‘yes.’ ”
- “[I]n every decision we could find that addressed the very pointed question whether TIAA is a spendthrift trust under New York law, the answer was a resounding ‘yes.’”
- “[I]n every decision we could find that addressed the very pointed question whether TIAA is a spendthrift trust under New York law, the answer was a resounding ‘yes.’”
- “Even in cases in which courts have included retirement plans within the bankruptcy estate, there has been a willingness to exclude the plan if it is employer-created and controlled and, therefore, analogous to a spendthrift trust.”
- “TIAA plan would be enforceable as a spendthrift trust under state law because, in New York, all express trusts are 16 argue in the alternative that even if their annuity is not a trust, that § 541(c)(2
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Flaum, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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