Opinion · Supreme Court of the United States

Fukutomi v. United States Trustee

519 U.S. 817

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.