Legal Opinion

In Re Hennessey

United States Bankruptcy Court, D. Massachusetts

Decided February 3, 1992No. 18-14460PublishedCited by 6 opinions

1Opinion of the Court

OPINION

JAMES F. QUEENAN, Jr., Chief Judge.

Relying upon a Massachusetts statute, Dennis J. Hennessey (the “Debtor”) seeks to exempt from the bankruptcy estate his retirement benefits under the profit sharing plan maintained by his employer, the Melville Corporation. The benefits are now worth about $100,000. The trustee in bankruptcy, Stephen M. Rodolakis (the “Trustee”), has filed an objection to the exemption, contending that the Massachusetts statute is pre-empted by the Employee Retirement Income Security Act (“ERISA”), Pub.L. No. 93-406, 88 Stat. 829 (codified as amended at 29 U.S.C. §§…

2Cases cited33 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  3. Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987
  4. MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
  5. Pension Benefit Guaranty Corporation v. LTV Corp.Supreme Court of the United States · 1990

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3Cited by6 opinions

  1. DeNadai v. Preferred Capital Markets, Inc.District Court, D. Massachusetts · 2001
  2. Den Norske Bank v. Schwartz (In Re Schwartz)United States Bankruptcy Court, D. New Jersey · 1995
  3. In Re GoldmanUnited States Bankruptcy Court, D. Massachusetts · 1995
  4. In Re TempletonUnited States Bankruptcy Court, N.D. Illinois · 1992
  5. In Re SiroisUnited States Bankruptcy Court, D. Massachusetts · 1992

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