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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- PATTERSON, TRUSTEE v. SHUMATE
- certiorari to the united states court of appeals for
- the fourth circuit
- No. 91-913. Argued April 20, 1992-Decided June 15, 1992
-
- Respondent Shumate was a participant in his employer's pension plan,
- which contained the anti-alienation provision required for tax qualifi-
- cation under the Employee Retirement Income Security Act of 1974
- (ERISA). The District Court rejected his contention that his interest
- in the plan should be excluded from his bankruptcy estate under
- 541(c)(2) of the Bankruptcy Code, which excludes property of the
- debtor that is subject to a restriction on transfer enforceable under
- ``applicable nonbankruptcy law.'' The court held, inter alia, that the
- latter phrase embraces only state law, not federal law such as
- ERISA, and that Shumate's interest in the plan did not qualify for
- protection as a spendthrift trust under state law. The court ordered
- that Shumate's interest in the plan be paid over to petitioner, as
- trustee of Shumate's bankruptcy estate. The Court of Appeals
- reversed, ruling that the interest should be excluded from the bank-
- ruptcy estate under 541(c)(2).
- Held:The plain language of the Bankruptcy Code and ERISA estab-
- lishes that an anti-alienation provision in a qualified pension plan
- constitutes a restriction on transfer enforceable under ``applicable
- nonbankruptcy law'' for purposes of 541(c)(2). Pp.4-12.
- (a)Plainly read, 541(c)(2) encompasses any relevant nonbank-
- ruptcy law, including federal law such as ERISA. The section
- contains no limitation on ``applicable nonbankruptcy law'' relating to
- the source of the law, and its text nowhere suggests that that phrase
- refers, as petitioner contends, exclusively to state law. Other sections
- in the Bankruptcy Code reveal that Congress knew how to restrict
- the scope of applicable law to ``state law'' and did so with some
- frequency. Its use of the broader phrase ``applicable nonbankruptcy
- law'' strongly suggests that it did not intend to restrict 541(c)(2) in
- the manner petitioner contends. Pp.4-5.
- (b)The anti-alienation provision contained in this ERISA-qualified
- plan satisfies the literal terms of 541(c)(2). The sections of ERISA
- and the Internal Revenue Code requiring a plan to provide that
- benefits may not be assigned or alienated clearly impose a ``restric-
- tion on the transfer'' of a debtor's ``beneficial interest'' within
- 541(c)(2)'s meaning, and the terms of the plan provision in question
- comply with those requirements. Moreover, the transfer restrictions
- are ``enforceable,'' as required by 541(c)(2), since ERISA gives
- participants the right to sue to enjoin acts that violate that statute
- or the plan's terms. Pp.5-7.
- (c)Given the clarity of the statutory text, petitioner bears an
- ``exceptionally heavy'' burden of persuasion that Congress intended
- to limit the 541(c)(2) exclusion to restrictions on transfer that are
- enforceable only under state spendthrift trust law. Union Bank v.
- Wolas, 502 U.S. ___, ___. He has not satisfied that burden, since
- his several challenges to the Court's interpretation of 541(c)(2)-that
- it is refuted by contemporaneous legislative materials, that it renders
- superfluous the 522(d)(10)(E) debtor's exemption for pension pay-
- ments, and that it frustrates the Bankruptcy Code's policy of ensur-
- ing a broad inclusion of assets in the bankruptcy estate-are unper-
- suasive. Pp.7-12.
- 943 F.2d 362, affirmed.
-
- Blackmun, J., delivered the opinion for a unanimous Court. Scalia,
- J., filed a concurring opinion.
-