United States Seventh Circuit

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.

Appellate Information

• Argued 02/13/2009
• Decided 04/23/2009
• Published 04/23/2009

Judges

• EVANS, Circuit Judge., Before KANNE, ROVNER, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• 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.