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SHUMATE v. PATTERSON

No. 88-2174.

943 F.2d 362 (1991)

Joseph B. SHUMATE, Jr., Plaintiff-Appellant, v. John R. PATTERSON, Trustee, Defendant-Appellee, and Roy v. Creasy; Coleman Furniture Corporation, Pension Plan, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 12, 1991.

Attorney(s) appearing for the Case

Robert Arnold Lefkowitz, Maloney, Yeatts & Barr, P.C., Richmond, Va., Joseph B. Shumate, Jr., Pulaski, Va., argued (Kevin R. Huennekens, Richmond, Va., on brief), for plaintiff-appellant.

George Steven Agee, Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C., Roanoke, Va., argued for defendant-appellee.

Before PHILLIPS and SPROUSE, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PHILLIPS, Circuit Judge:

This appeal requires us to revisit the question whether an interest in an ERISA-qualified pension plan (a trust) should be included as property of the debtor's estate, where the self-settled trust contains an ERISA-imposed non-alienation provision but otherwise would not qualify as a spendthrift trust under state law. We hold that under In re Moore, 907 F.2d 1476 (4th Cir.1990), the...

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