Author Archive: Howard Rosen, Esq.

Supreme Court Settles Retirement Plan Controversy

Howard Rosen, Esq. • September 1, 1992

The U.S. Supreme Court recently settled a conflict among the Circuit Courts regarding the question of whether a creditor can reach a debtor’s qualified retirement plan interests to satisfy his claim. InPatterson v. Shumate, a unanimous Court held that a participant’s interest in an ERISA qualified retirement plan is protected from the claims of his creditors in bankruptcy.