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· 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 CourtListener

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