IN RE LUCAS

No. 89-6487.

924 F.2d 597 (1991)

In Re Elizabeth Hayes LUCAS, Debtor. Jane B. FORBES, Trustee, Plaintiff-Appellee, v. Elizabeth Hayes LUCAS, Defendant, Holiday Corporation Savings and Retirement Plan, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 14, 1991.

As Amended February 13, 1991.


Attorney(s) appearing for the Case

James Flexer, Nashville, Tenn., for debtor.

Jane B. Forbes, Trustee, Franklin, Tenn., Margaret M. Spencer (argued), Forbes, McKelvey & Spencer, Franklin, Tenn., for plaintiff-appellee.

C. William Denton (argued), David J. Cocke, Borod & Kramer, Charles W. Broun, III, Memphis, Tenn., for defendant-appellant.

Before KENNEDY, BOGGS and SUHRHEINRICH, Circuit Judges.


SUHRHEINRICH, Circuit Judge.

Holiday Corporation Savings and Retirement Plan ("the Plan") appeals the order of the district court holding that the debtor's interest in an employee benefit plan was property of the bankruptcy estate under 11 U.S.C. § 541(a)(1) and was not excluded under the exception found at § 541(c)(2). Section 541(c)(2) provides that a restriction on the transfer of a beneficial interest of a debtor...

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