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Opinion 306

Case Name: 

In re Martin, 115 B.R. 311 (Bankr.D.Utah)In re VerwerIn re Fullmer

Judge: 
Judge Boulden
Date: 
Jun-19-1990
Case Number(s): 
89B-5149 89B-5263 89B-6063
Status: 

PUBLISHED
See 330.pdf

Body: 

Trustees in three chapter 7 cases objected to debtors' exemption claims with respect to funds held in ERISA-qualified retirement plans. The court held that an ERISA retirement fund was an asset of debtors' estate that was not exempt within the meaning of 11 U.S.C. § 522(b)(2)(A), because the Utah statutes seeking to exempt such funds were preempted by ERISA pursuant to 29 U.S.C. § 1144(a). The district court affirmed the bankruptcy court's decision in 330.pdf.

Internal Ref: 
Opinion 306
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