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IN RE MOORE

No. 89-1555.

907 F.2d 1476 (1990)

In re: Richard Allen MOORE; Johnsie Dianne Moore; Stephen M. Haynes; Donna Haynes; and Judy Dianne Thomason, Debtors. Robert F. ANDERSON, Trustee, Plaintiff-Appellant, v. Joseph S. RAINE, Jr., Plan Administrator for the Springs Industries, Inc. Employees' Profit Sharing and Pension Plans; and, Northern Trust Company, Plan Trustee, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 1990.

Attorney(s) appearing for the Case

Robert Frank Anderson, Anderson, Lowder & Strait, P.A., Columbia, S.C. (Cecelia A. Clark, Anderson, Lowder & Strait, P.A., on the brief, Columbia, S.C.), for plaintiff-appellant.

Joe Wayne Underwood, Rogers, Thomas, Cleveland, Koon, Waters & Tally, Columbia, S.C. (Sherwood M. Cleveland, Rogers, Thomas, Cleveland, Koon, Waters & Tally, on the brief, Columbia, S.C.), for defendants-appellees.

Before WIDENER, PHILLIPS, and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

Here we must decide whether the interests of several debtors in an ERISA-qualified profit-sharing and pension plan are the property of their bankruptcy estates. The trustee in bankruptcy brought this suit seeking turnover of those interests. The plan administrator maintains, however, that the debtors' interests in the plan are not subject to turnover because they are protected by an enforceable restriction of transfer under ERISA which the...

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