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Retirement Security Law Commons

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Full-Text Articles in Retirement Security Law

Erisa Retirement Plans In Individual Bankruptcy, John Minton Newell Oct 1985

Erisa Retirement Plans In Individual Bankruptcy, John Minton Newell

University of Michigan Journal of Law Reform

When an employee covered by an ERISA retirement plan files a petition in bankruptcy, the court is presented with a number of complex issues regarding the relationship among ERISA, the Bankruptcy Code (Code), and the state law of creditors' rights. Three issues have emerged in these cases, and the courts have divided on the proper resolution of each of these issues. First, is the debtor's interest in an ERISA retirement plan "property of the estate," and thus available for distribution to creditors? Second, if the debtor's interest is property of the estate, and the debtor uses the state ...


Is An Ira Exempt Property Under The Kentucky Exemption Statute Krs Section 427.150(1)(B)?, Kevin Charles Dicken Jan 1985

Is An Ira Exempt Property Under The Kentucky Exemption Statute Krs Section 427.150(1)(B)?, Kevin Charles Dicken

Kentucky Law Journal

No abstract provided.