Forbes v. Holiday Corp. Savings & Retirement Plan

How later courts describe this case

• holding that criminal defendants "open the door" to state-sponsored rebuttal on issue of competency by presenting defense-sponsored expert testimony
• holding prior to Patterson that pension benefits are not property of the bankruptcy estate under the Bankruptcy Code
• belief that a juror employed by a church-affiliated agency “basically wants to forgive people” was accepted
• an anti-alienation provision in a welfare benefit plan is not enforceable since the welfare benefit plan can not create a protection excluded by Congress
• “a debtor’s interest in an ERISA pension fund is beyond the reach of his general creditors”
• “The filing of a bankruptcy petition under Title 11 of the United States Code creates an estate comprised of ‘all legal or equitable interests of the debtor as of the commencement of the case.’ ”
• “Under § 1056(d)(1) then, all encroachments, both voluntary and involuntary, are prohibited”
• “The filing of a bankruptcy petition under Title 11 of the United States Code creates an estate comprised of ‘all legal or equitable interests of the debtor as of the commencement of the ease.’ ”