Case Name:
In re Fullmer
Judge:
U.S. District Court, Utah
Date:
May-9-1991
Case Number(s):
89B-6063
Status:
APPEAL
Unpublished
See 306.pdf
Body:
Debtors appealed a bankruptcy court ruling that an ERISA retirement fund was an asset of debtors' estate and was not exempt under either federal or Utah law, within the meaning of 11 U.S.C. § 522(b)(2)(A). The district court noted, first, that debtors could not avail themselves of the otherwise applicable exemption in § 522(d)(10)(E), both because Utah is an opt-out state, and because § 522(d) exemptions are excluded from the federal exemptions that debtors may claim under § 522(b)(2)(A). The court further determined that the Utah statutory exemptions on which debtors had relied were "related to" ERISA, and therefore preempted by that Act. The bankruptcy court ruling was affirmed.
Internal Ref:
Opinion 330
File: