Talk:Employee Retirement Income Security Act
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Dear fellow editors: The following sentence fragment was removed from the main article on 3 Feb. 2006. Perhaps someone can look up the case, rewrite and re-insert the material.
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- In In re Barnes 264 BR 415(BRD.E.D.Mich. 2001) bankruptcy court Chief Judge (merely an article I judge, not a life tenure full Article II judge) Arthur J. Spector held that
Yours, Famspear 19:29, 3 February 2006 (UTC)
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[edit] Anti-alienation clauses
Dear fellow editors:
On 3 February 2006 I removed the following language from the article:
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- Without the protection of the anti-alienation provsion [sic] of ERISA plans, judges would have to look to Section 541(c)(2) to exclude such assets from the bankruptcy estate as in Patterson v. Shumate, 504 U.S. 753 (1992).
The problem with the excised language is that the key ruling by the Court in that case was that an anti-alienation provision in an ERISA-qualified pension plan constitutes a restriction on transfer that is enforceable under "applicable nonbankruptcy law," for purposes of the section 541(c)(2) exclusion of property from the debtor's bankruptcy estate. The case was specifically about section 541(c)(2) and ERISA anti-alienation clauses. This means that if your plan does not have an anti-alienation provision (whether ERISA-related or not), Patterson v. Shumate and 541(c)(2) simply won't help you. You have to have an anti-alienation provision in the plan in order for Patterson to apply.
[edit] Plan Termination article
I think we need a separate article to deal with this and we can link both the ERISA and the PBGC article's termination section to it. I will look for my study note written by former PBGC head Roh Gebhardsbauer.John wesley 19:56, 6 February 2006 (UTC)
[edit] Litigation
I just came across an ALR Fed article, fun reading. Maybe I can boil it down.John wesley 22:08, 7 February 2006 (UTC)
[edit] Needs major work
This article is a real mess. The section titled "preemption debate" confuses preemption with ERISA remedies, two completely different (though related) issues. I'll try to do some work on this when I have time.
