Legal Opinion
Majteles v. AVL Corp.
New York Supreme Court
Decided August 23, 1999PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Herbert Kramer, J.
May a judgment creditor proceed in State court for a turn*141over of funds allegedly fraudulently transferred into a pension plan organized under the Employee Retirement Income Security Act of 1974 (Pub L 93-406, tit 1 [ERISA]) whose provisions prohibit the assignment or alienation of benefits (29 USC § 1056 [d] [1])?
Plaintiff seeks to enforce a money judgment against defendant, AVL, an insolvent corporation.1 Relying upon tax returns and financial statements prepared by AVL’s accountants, plaintiff alleges that monies acquired from the sale of AVL’s property…
2Cases cited11 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- Boggs v. BoggsSupreme Court of the United States · 1997
- Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
- People v. P. J. Video, Inc.New York Court of Appeals · 1986
- Trucking Employees of North Jersey Welfare Fund, Inc. v. Robert ColvilleCourt of Appeals for the Third Circuit · 1994
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Shah v. BalochCourt of Appeals of Arizona · 2017
- Office Create Corporation v. Planet Entertainment, LLCDistrict Court, S.D. New York · 2024