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United States Sixth Circuit


HENDON v. YATES, 00-6023

Neither Tennessee law nor ERISA will act to enforce a "spendthrift" clause in a profit sharing/pension plan containing a restriction on the transfer of participants' beneficial interests; Chapter 7 bankruptcy trustee was not entitled to an order setting aside as a voidable preference a loan repayment made by debtor to that plan only three weeks before an involuntary bankruptcy petition was filed.

Appellate Information

  • Decided 04/19/2002
  • Published 04/19/2002

Judges

  • Before NELSON, CLAY, and GARWOOD, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • James A. Holifield, Jr. (argued), James A. Holifield, Jr. (briefed), Kennerly, Montgomery & Finley, Knoxville, TN, for Appellants.

  • For Appellees:
  • Conrad M. Troutman (argued and briefed), Troutman & Troutman, LaFollette, TN, for Appellee.
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