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NCNB FINANCIAL SERVICES, INC. v. SHUMATE

Civ. A. Nos. 86-0433-R, 83-0279-R, 86-0432-R and 86-0272-R.

829 F.Supp. 178 (1993)

NCNB FINANCIAL SERVICES, INC., Plaintiff, v. Joseph B. SHUMATE, Jr., Defendant. NCNB FINANCIAL SERVICES, INC., Plaintiff, v. COLEMAN FURNITURE CORPORATION, Defendant. Roy V. CREASY, Trustee, Plaintiff, v. COLEMAN FURNITURE CORPORATION PENSION PLAN, Defendant.

United States District Court, W.D. Virginia, Roanoke Division.

June 30, 1993.

Attorney(s) appearing for the Case

George V. Hanna, III, Moore & Van Allen, Charlotte, NC, James F. Douthat, Woods, Rogers & Hazlegrove, Roanoke, VA, for NCNB Financial Services, Inc.

Stephen M. Hodges, Penn, Stuart, Eskridge & Jones, Abingdon, VA, for NCNB Corp. and NCNB Nat. Bank of N. Carolina.

Joseph B. Shumate, Jr., pro se.

John R. Patterson, Roanoke, VA, trustee for Shumate.

G. Steven Agee, Osterhoudt Ferguson Natt Aheron & Agee, P.C., Roanoke, VA, for Patterson.

Roy V. Creasy, Wilson, Vogel & Creasy, Roanoke, VA, trustee.

John S. Edwards, Martin, Hopkins, Lemon & Carter, P.C., Roanoke, VA, for Creasey in Civ.A. No. 86-0432-R.

Harry S. Rhodes, Roanoke, VA, for Creasey in Civ.A. No. 86-0272-R.

MEMORANDUM OPINION

GLEN M. WILLIAMS, Senior District Judge.

Joseph B. Shumate, Jr. (Shumate), brings a Motion to Quash a notice of lien on his bank account filed by NationsBank of North Carolina, N.A. (the Bank).1 Shumate contends that some of his funds are protected from attachment, garnishment, or levy under the Employment Retirement Income Security Act's (ERISA's) anti-alienation provision, codified at 29 U.S.C.A. § 1056...

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