Legal Opinion
Heitkamp v. Dyke
Court of Appeals for the Fifth Circuit
Decided October 15, 1991No. Nos. 90-2421, 90-8491PublishedCited by 9 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
In 1987, the Texas legislature enacted a statute — now codified in section 42.0021(a) of the Texas Property Code — which exempts retirement benefits from the claims of creditors. In these consolidated cases, this Court must determine whether the Employee Retirement Income Security Act of 1974 (“ERISA”), which one court has described as a “quicksand [that] is fast swallowing up everything that steps in it or near it,”1 preempts section 42.0021(a) of the Texas Property Code. We conclude that, in this situation, the ERISA quicksand does not run so deep: ERISA does not…
2Cases cited48 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
- Pension Benefit Guaranty Corporation v. LTV Corp.Supreme Court of the United States · 1990
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3Cited by9 opinions
- MC Asset Recovery LLC v. Commerzbank A.G. (In Re Mirant Corp.)Court of Appeals for the Fifth Circuit · 2012
- In the Matter of Marshall James Dyke, Debtor. William E. Heitkamp, Trustee v. Marshall James Dyke, in the Matter of Amos Daniel Felts, A/K/A Dan Felts, and Laura Otila Felts, Debtors. The Federal Deposit Insurance Corporation, as Receiver for United Bank of Texas v. Amos Daniel Felts, A/K/A Dan Felts, and Laura Otila FeltsCourt of Appeals for the Fifth Circuit · 1991
- Wright v. Combined Insurance Co. of AmericaDistrict Court, N.D. Mississippi · 1997
- 25 Collier bankr.cas.2d 1006, Bankr. L. Rep. P 74,319 in the Matter of J.A. Volpe and Rita A. Volpe, Debtors. Ncnb Texas National Bank and Marsha G. Kocurek, Trustee v. J.A. Volpe and Rita A. VolpeCourt of Appeals for the Fifth Circuit · 1991
- Hillen v. City of Many Trees (In re CVAH, Inc.)United States Bankruptcy Court, D. Idaho · 2017
4 more not listed; retrieve them via the Exa API.