Legal Opinion
In Re Robert Leroy Vickers and Betty Jean Vickers, Debtors. J. Kevin Checkett, Trustee v. Robert Leroy Vickers Betty Jean Vickers
Court of Appeals for the Eighth Circuit
Decided January 24, 1992No. 91-1067PublishedCited by 25 opinions
1Opinion of the Court
LAY, Chief Judge.
The sole issue on appeal is whether the Employee Retirement Income Security Act (ERISA), codified as amended at 29 U.S.C. §§ 1001-1461 (1988), preempts a Missouri law which permits exemption of pension plan benefits of the debtor from the bankruptcy estate. The district court 1 adopted the findings of the bankruptcy judge 2 upholding the exemption in favor of the debtors. The trustee in bankruptcy appeals. We hold that ERISA does not preempt state law exemptions of pension plan benefits reasonably necessary for the support of a debtor. We affirm the district court. 3
The facts…
2Cases cited24 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
- Owen v. OwenSupreme Court of the United States · 1991
- In Re KometUnited States Bankruptcy Court, W.D. Texas · 1989
19 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- In Re Edward Schlein and Kay Schlein, Debtors. Edward Schlein and Kay Schlein v. George E. Mills, Jr., Trustee, Florida National BankCourt of Appeals for the Eleventh Circuit · 1993
- In Re CollettUnited States Bankruptcy Court, W.D. Missouri · 2000
- In Re StoverUnited States Bankruptcy Court, W.D. Missouri · 2005
- Den Norske Bank v. Schwartz (In Re Schwartz)United States Bankruptcy Court, D. New Jersey · 1995
- In Re PrintyUnited States Bankruptcy Court, D. Massachusetts · 1994
20 more not listed; retrieve them via the Exa API.