Opinion · Supreme Court of the United States

Fukutomi v. United States Trustee

Fukutomi v. United States Tr., 519 U.S. 817 (1996)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1996-10-07
Topic
general

How later courts describe this case

  • “When Mrs. Bennett sued the Sheriff in his individual and official capacity, she sued two defendants: the Sheriff and the County.”
  • “In interpreting the § 541(c)(2) exemption to cover ERISA plans, the Supreme Court appears to have discounted any distinctions based on the debtors’ control of their assets.”
  • bankruptcy court is permitted under Section 105 to sua sponte appoint a trustee
  • “under [Patterson ], ERISA plans are exempted from the bank- ' ruptey estate”
  • bankruptcy court is permitted under Section 105 to sua sponte appoint a trastee

Citator

UpLaw has not yet analyzed Fukutomi v. United States Trustee. The absence of a flag is not a finding that it is good law.

Cited by
47 opinions

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.