Int'l Painters and Allied Trades Indus. Pension Fund v. Radcliffe, 08-2885
In an action involving bankruptcy and pension benefits, district court judgment is affirmed where: 1) the setoff of defendant's pension benefits upon bankruptcy violated the automatic stay of efforts outside the bankruptcy proceeding to collect debts from the bankrupt debtor under 11 U.S.C. sec. 362(a)(6); and 2) the court properly did not lift the automatic stay, as the exemptions to the anti-alienation provisions of ERISA did not apply to plaintiff's actions.
- Argued 02/13/2009
- Decided 04/23/2009
- Published 04/23/2009
- EVANS, Circuit Judge., Before KANNE, ROVNER, and EVANS, Circuit Judges.
- United States Seventh Circuit
- For Appellant:
- Kent G. Cprek (argued), Jennings Sigmond PC, Philadelphia, PA, for Appellant.
- For Appellees:
- R. Brian Woodward, Attorney (argued), Casale, Woodward & Buls, Merrillville, IN, Debtor-Appellee.