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REGAN v. ROSS

Nos. 1277-1279, Dockets 82-5008, 82-5010 and 82-5012.

691 F.2d 81 (1982)

Edward V. REGAN, as New York State Comptroller, and New York State Employees' Retirement System and New York State Policemen's and Firemen's Retirement System, Plaintiffs-Appellants, v. Donald F. ROSS, Defendant-Appellee. Edward V. REGAN, as New York State Comptroller, and New York State Employees' Retirement System and New York State Policemen's and Firemen's Retirement System, Plaintiffs-Appellants, v. Charles B. CONNORS, Defendant-Appellee. Edward V. REGAN, as New York State Comptroller, and New York State Employees' Retirement System and New York State Policemen's and Firemen's Retirement System, Plaintiffs-Appellants, v. George F. GRANDY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 6, 1982.

Attorney(s) appearing for the Case

Robert M. Cohen, New York City (Kauffman & LaPointe, Susan L. Kauffman, Richard A. LaPointe, Schenectady, N. Y., on the brief), for debtors-appellees.

Robert E. Littlefield, Jr., Albany, N. Y. (Littlefield & Littlefield, Albany, N. Y., of counsel) brief for amicus curiae Chapter 13 trustee.

John Q. Driscoll, Asst. Atty. Gen. of N. Y., Albany, N. Y. (Robert Abrams, Atty. Gen., Albany, N. Y., on the brief, William J. Kogan, Asst. Atty. Gen., Albany, N. Y., of counsel), for appellants.

Before OAKES, MESKILL, and KEARSE, Circuit Judges.

OAKES, Circuit Judge:

This appeal raises the question whether pension beneficiaries may require their pension systems to transfer a portion of their monthly benefits for distribution to creditors under Chapter 13 of the new Bankruptcy Code.1 Chapter 13 allows individuals with a "regular income"2 to avoid straight bankruptcy by making payments to creditors under a voluntary, court approved plan. In this case...

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