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Estate of Carl V. Gull and Estate of Eunice I. Gull v. U.S. Office of Personnel Management (In re L.D. Alderson)

Bankr. No.: 
89-50106
Adv. No.: 
92-5002
Chapter: 
7
Date of Decision: 
December 1, 1992
Issue: 
Whether Debtor's Civil Service Retirement fund is property of the bankruptcy estate where Debtor has immediate access to a lump-sum payment?
Ruling: 
Debtor's Civil Service Retirement fund is property of the estate under § 541(a) where Debtor's immediate access to the fund excepts the fund from property excluded from the estate under § 541(c)(2).
Full Bankruptcy Court Decision: 
Appeal Summary: 
Debtor's Civil Service Retirement fund is property of the estate under § 541(a) where Debtor's immediate access to the fund excepts the fund from property excluded from the estate under § 541(c)(2). District Court Opinion no longer available.
Full Eighth Circuit Court of Appeals Opinion: