Legal Opinion
Smith v. Mirman
Court of Appeals for the Fourth Circuit
Decided November 29, 1984No. 84-1294PublishedCited by 26 opinions
1Opinion of the Court
WILKINSON, Circuit Judge:
The question presented is the validity of assignments made by an employee of his interest in an ERISA profit sharing plan, when the purported assignments were executed after corporate termination of the plan but prior to actual distribution of the plan’s assets. Because benefits under the plan were fully vested upon the plan’s-stated termination date in December 1981, the district court held that assignments executed in January and February of 1982 were valid. Because we conclude that ERI-SA’s anti-alienation provisions continue to govern administration of a plan’s…
2Cases cited10 opinions
- General Motors Corporation v. David J. Buha and James B. Stone, County District JudgeCourt of Appeals for the Sixth Circuit · 1980
- Stone v. StoneDistrict Court, N.D. California · 1978
- American Telephone & Telegraph Co. v. MerryCourt of Appeals for the Second Circuit · 1979
- American Telephone And Telegraph Company v. Ann R. MerryCourt of Appeals for the Second Circuit · 1979
- Cody v. RieckerDistrict Court, E.D. New York · 1978
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Shirley W. Stewart v. Thorpe Holding Company Profit Sharing Plan, Thomas A. Carpenter, Thorpe Holding CompanyCourt of Appeals for the Ninth Circuit · 2000
- 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
- United States v. Charles Herbert SmithCourt of Appeals for the Fourth Circuit · 1995
- Anderson v. Raine (In re Moore)Court of Appeals for the Fourth Circuit · 1990
- 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
21 more not listed; retrieve them via the Exa API.