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· 2/13/1991

In Re Elizabeth Hayes Lucas, Debtor. Jane B. Forbes, Trustee v. Elizabeth Hayes Lucas, Holiday Corporation Savings and Retirement Plan

Citations

  • 924 F.2d 597

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reversing the District Court’s affirmance of summary judgment in favor of the Chapter 7 Trustee based on the retirement funds being property of the estate
  • preventing disqualification and loss of tax exempt status is a “favorable” result
  • “[Pjroperty of a debtor falling within the definition of this exception [for a valid spendthrift trust] is excluded from the bankruptcy estate.”
  • anti-alienation provisions of ERISA, if enforceable against general creditors, are enforceable against a bankruptcy trustee, thus excluding ERISA-qualified funds from the estate

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Boggs, Suhrheinrich

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Sourced from CourtListener / Free Law Project (CC0).

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