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IN RE THREEWITT

Civ. No. 82-1536.

24 B.R. 927 (1982)

In re Thomas Buntin THREEWITT and Nancy Lee Threewitt, Debtors. Cortland Q. CLOTFELTER, Plaintiff, v. CIBA-GEIGY CORPORATION, Irving Trust Company, Thomas Buntin Threewitt, and Nancy Lee Threewitt, Defendants.

United States District Court, D. Kansas.

November 17, 1982.

Attorney(s) appearing for the Case

Ronald K. Badger, Wichita, Kan., for plaintiff.

Richard T. Foster, Wichita, Kan., Stephan Piga, New York City, for defendants, CibaGeigy & Irving Trust.

Robert Feldt, Great Bend, Kan., for defendants, Threewitt.

MEMORANDUM AND ORDER

KELLY, District Judge.

This matter is now before the Court on appeal from the Bankruptcy Court's ruling that a debtor's Chapter 7 bankruptcy estate includes the debtor's vested, undistributed interest in a pension plan operated by his employer and qualified under the Employee Retirement Income Security Act of 1974 ("ERISA"), P.L. No. 93-406, 88 Stat. 829. As explained below, the Court concludes that the debtor's interest in the plan...

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