Legal Opinion
In Re Elizabeth Hayes Lucas, Debtor. Jane B. Forbes, Trustee v. Elizabeth Hayes Lucas, Holiday Corporation Savings and Retirement Plan
Court of Appeals for the Sixth Circuit
Decided February 13, 1991No. 17-1907PublishedCited by 77 opinions
1Opinion of the Court
SUHRHEINRICH, Circuit Judge.
Holiday Corporation Savings and Retirement Plan (“the Plan”) appeals the order of the district court holding that the debtor’s interest in an employee benefit plan was property of the bankruptcy estate under 11 U.S.C. § 541(a)(1) and was not excluded under the exception found at § 541(c)(2). Section 541(c)(2) provides that a restriction on the transfer of a beneficial interest of a debtor in a trust that is enforceable under “applicable nonbankruptcy law” is enforceable under the Bankruptcy Code. We reject a narrow interpretation of the phrase “applicable…
2Cases cited29 opinions
- Morton v. MancariSupreme Court of the United States · 1974
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
24 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- 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
- 21 Employee Benefits Cas. 1341, Pens. Plan Guide (Cch) P 23937j Metropolitan Life Insurance Company v. Julie A. Marsh, Dana Lyn Weaver and James R. Marsh, IIICourt of Appeals for the Sixth Circuit · 1997
- In Re: Koenig Sporting Goods, Inc., Debtor. Koenig Sporting Goods, Inc. v. Morse Road CompanyCourt of Appeals for the Sixth Circuit · 2000
72 more not listed; retrieve them via the Exa API.