Samore v. Graham (In Re Graham)

How courts have described this case

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

• holding that ERISA-qualified pension plans were not intended by Congress to be within the statutory exemption
• where debtor was sole shareholder and beneficiary of professional corporation pension fund, settlor and beneficiary same
• trustee entitled to “lump sum payment of [debtor’s] interest, subject to whatever ER-ISA taxes and penalties may be imposed”
• where debtor was sole shareholder and beneficiary of professional corporation pension fund, settlor and beneficiary same
• Graham’s right to receive the benefits was fixed as of the date the petition was filed because he terminated his employment and could claim the funds as of that date even though he would not actually receive the funds until sixty days after the close of that plan year
• not exempt under Sec. 522(b)(2)(A)

Source: CourtListener parenthetical corpus (CC0).