Exemption Retirement Accounts

Exemptions – 4) Retirement Accounts

In re Reed, 951 F.2d 1046 (9th Cir. 1991), op

withdrawn

and superseded, 985 F.2d 1026 (9th Cir.

1993)

Again interpreting Arizona law, court finds that debtor’s control over trust makes it not a

spendthrift trust and not exempt property under state statute, which is preempted under ERISA

Pitrat v. Garlikov, 947 F.2d 419 (9th Cir. 1991), superseded 992 F.2d 224 (9th Cir. 1993)

1. Court refuses to follow Lucas adhered to Daniel in holding that ERISA is not applicable

to nonbankruptcy law

2. Remands to determine if plan is spendthrift trust under state law (AZ)

3. ERISA’s exemption is not an exemption under federal law for purposes of the federal

exemption

In re Cheng, 943 F.2d 1114 (9th Cir. 1991)

A corporate retirement plan under Cal. CCP § 704.115(a)(1) or (2) is not subject to the

“extent necessary to provide for the support” language of §704.115(e) as are self-employed plans