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IN RE LUCAS

Bankruptcy No. 386-05479, Adv. No. 388-0143.

100 B.R. 969 (1989)

In re Elizabeth Hayes LUCAS, Debtor. Jane B. FORBES, Trustee, Plaintiff, v. Elizabeth Hayes LUCAS and Holiday Corporation Savings and Retirement Plan, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

June 9, 1989.

Attorney(s) appearing for the Case

Jane B. Forbes, Franklin, Tenn., trustee.

Charles W. Broun, III, Holiday Corp., Memphis, Tenn., for Holiday Corp. Sav. and Retirement Plan.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The issues presented on cross-motions for summary judgment are: (1) whether Mackey v. Lanier, 486 U.S. ___, 108 S.Ct. 2182, 100 L.Ed.2d 836 (1988) upsets the Chapter 7 trustee's recovery of vested ERISA-qualified pension benefits that are not exempt under Tennessee or non-bankruptcy federal law; and (2) whether a pension fund is liable for benefits paid to the debtor after notice of the estate's claim...

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