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IN RE O'BRIEN

Bankruptcy No. 81-01038-R, Adv. No. 83-0393-R.

50 B.R. 67 (1985)

In re Mary Tattersall O'BRIEN a/k/a Mary A. Tattersall, M.D., Debtor. William C. PARKINSON, Jr., Trustee, Plaintiff, v. BRADFORD TRUST COMPANY OF BOSTON, Trustee for Mary Tattersall O'Brien Profit Sharing Retirement Plan and Mary Tattersall O'Brien, Defendants.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

May 1, 1985.

Attorney(s) appearing for the Case

John F. Ames, Richmond, Va., for plaintiff.

W. Stephen Coleman, Kenneth Paciocco, Richmond, Va., for defendants.

MEMORANDUM OPINION

BLACKWELL N. SHELLEY, Bankruptcy Judge.

This matter came before the Court on the complaint of the Chapter 7 trustee, William C. Parkinson, Jr., seeking a turnover of certain funds held in a Keogh HR-10 tax qualified retirement plan for self-employed individuals established by the debtor, Mary Tattersall O'Brien. On August 30, 1984, the debtor filed a motion to dismiss the trustee's complaint for failure to state a claim upon which relief...

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