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ALLONHILL, LLC V. STEWART LENDER SERVICES, INC.

Summarizing by Bradley Pearce

Segovia v. Schoenmann

Citation:
No. 09-16146 (Not for Publication)
Tag(s):
Ruling:
Appellate Court affirmed district court's refusal to treat debtor's stock options as exempt retirement savings. The debtor obtained the stock options through her former employer's "long-term incentive compensation plan." The "long-term incentive compensation plan" was not a retirement plan under ERISA or under California law. Accordingly, the debtor could not treat the stock options as exempt property.
Procedural context:
The Ninth Circuit affirmed the disctrict court's judgment that the debtor's stock options were not exempt retirement savings.
Facts:
Debtor claimed that her stock options were exempt property. Because the stock options were given to her through her former employer's "long-term incentive compensation plan" rather than through a sanctioned retirement plan, the stock options were property of the estate.

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