United States First Circuit

Bankruptcy court erred in holding that since defendant's IRA was in his name when he petitioned for bankruptcy, it was the property of his bankruptcy estate and thus was not subject to the later divorce court judgment awarding most of it to his spouse. Under Maine law, plaintiff possessed at bankruptcy an undeclared beneficial interest in her husband's IRA that prevented it, by virtue of 11 U.S.C. section 541(d), from becoming at that moment a part of defendant's bankruptcy estate.

Appellate Information

• Decided 01/15/2004
• Published 01/15/2004

Judges

• LEVIN H. CAMPBELL, Senior Circuit Judge., Before HOWARD, Circuit Judge, CAMPBELL and CYR, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Michael J. Pearce with whom Joshua R. Dow and Michael J. Pearce & Associates, LLC were on brief for appellant, cross-appellee., George J. Marcus and Regan M. Hornney with whom Jennie L. Clegg and Marcus, Clegg & Mistretta, P.A. were on brief for cross-appellant, debtor-appellee.