- 11 U.S.C.
Corzin v. Larson (In re Larson)
Apr
17
2006
Ruling
Funds in debtor's pension plan were deemed not estate property since the funds were not withdrawn from the plan and retained anti-alienation protection under ERISA.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant debtor seeking turnover of funds in the debtor's pension plan which was governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001, et seq. The debtor asserted that the funds were not estate property in view of the anti-alienation clause in the plan under 29 U.S.C. § 1056(d)(1).
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Court
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