Legal Opinion
Joseph B. Shumate, Jr. v. John R. Patterson, Trustee, and Roy v. Creasy Coleman Furniture Corporation, Pension Plan
Court of Appeals for the Fourth Circuit
Decided August 12, 1991No. 88-2174PublishedCited by 34 opinions
1Opinion of the Court
OPINION
PHILLIPS, Circuit Judge:
This appeal requires us to revisit the question whether an interest in an ERISA-qualified pension plan (a trust) should be included as property of the debtor’s estate, where the self-settled trust contains an ERISA-imposed non-alienation provision but otherwise would not qualify as a spendthrift trust under state law. We hold that under In re Moore, 907 F.2d 1476 (4th Cir.1990), the interest here in issue is not includible in the debtor’s estate and accordingly reverse the district court’s holding to the contrary.
I
Joseph Shumate was the president and chairman of…
2Cases cited14 opinions
- Morton v. MancariSupreme Court of the United States · 1974
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Nachman Corp. v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1980
- Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
- In Re Charles W. Graham, Debtor. Edward F. Samore, Trustee v. Charles W. Graham, Trustee of the Charles W. Graham, M.D. Ltd. Profit Sharing Plan TrustCourt of Appeals for the Eighth Circuit · 1984
9 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- Fish v. KobachCourt of Appeals for the Tenth Circuit · 2016
- Meehan v. Wallace (In Re Meehan)Court of Appeals for the Eleventh Circuit · 1997
- In Re Wesley G. Harline, Debtor. David L. Gladwell, Trustee v. Wesley G. HarlineCourt of Appeals for the Tenth Circuit · 1991
- In Re DukeUnited States Bankruptcy Court, N.D. Alabama · 1993
29 more not listed; retrieve them via the Exa API.