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IN RE HOLT

Bankruptcy No. 3-82-01250, Adv. No. 3-82-1038.

32 B.R. 767 (1983)

In re Roger Lee HOLT, Debtor. Glen C. SHULTS, Jr., Trustee, Plaintiff, v. ROSE'S STORES, INC., Roger Lee Holt, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

July 29, 1983.

Attorney(s) appearing for the Case

Glen C. Shults, Jr., Campbell, Hooper & Shults, Newport, Tenn., pro se.

Dan W. Holbrook, Egerton, McAfee, Armistead & Davis, Knoxville, Tenn., for defendant Rose's Stores, Inc.

J. William Myers, Myers & Myers, Newport, Tenn., for defendant Holt.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue is whether the debtor's interest in funds in a profit sharing plan of his former employer is property of his chapter 7 bankruptcy estate. 11 U.S.C.A. § 541 (1979). Defendants, the debtor and his former employer, contend that the funds sought by the plaintiff trustee are funds within a spendthrift trust, hence, not property of the debtor's estate. 11 U.S.C.A. § 541(c)(2) (1979). Alternatively...

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