Legal Opinion
Anderson v. Raine (In re Moore)
Court of Appeals for the Fourth Circuit
Decided July 12, 1990No. 89-1555PublishedCited by 34 opinions
1Opinion of the Court
WILKINSON, Circuit Judge:
Here we must decide whether the interests of several debtors in an ERISA-quali-fied profit-sharing and pension plan are the property of their bankruptcy estates. The trustee in bankruptcy brought this suit seeking turnover of those interests. The plan administrator maintains, however, that the debtors’ interests in the plan are not subject to turnover because they are protected by an enforceable restriction of transfer under ERISA which the Bankruptcy Code recognizes as dispositive “applicable nonbankruptcy law.” 11 U.S.C. § 541(c)(2).
We agree with the plan…
2Cases cited21 opinions
- Morton v. MancariSupreme Court of the United States · 1974
- Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987
- Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
- Rubin v. United StatesSupreme Court of the United States · 1981
- Nachman Corp. v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1980
16 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- In Re Donald Dean Walker, Debtor. Donald Dean Walker v. Kenneth G.M. Mather, TrusteeCourt of Appeals for the Tenth Circuit · 1992
- Kosta P. Velis, Debtor-Appellant v. Mary Kardanis, Creditor-AppelleeCourt of Appeals for the Third Circuit · 1991
- In Re HallUnited States Bankruptcy Court, W.D. Michigan · 1993
- Matter of VelisDistrict Court, D. New Jersey · 1991
- Joseph B. Shumate, Jr. v. John R. Patterson, Trustee, and Roy v. Creasy Coleman Furniture Corporation, Pension PlanCourt of Appeals for the Fourth Circuit · 1991
29 more not listed; retrieve them via the Exa API.