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HOVIS v. WRIGHT

Nos. 84-1128(L), 84-1129.

751 F.2d 714 (1985)

W. Ryan HOVIS, Trustee, Appellant, v. Katherine N. WRIGHT and The South Carolina Retirement System, Appellees. In re Richard R. WRIGHT, Jr. and Katherine N. Wright, Debtors. W. Ryan HOVIS, Trustee, Appellee, v. The SOUTH CAROLINA RETIREMENT SYSTEM, Appellant, and Katherine N. Wright, Defendant. In re Richard R. WRIGHT, Jr. and Katherine N. Wright, Debtors.

United States Court of Appeals, Fourth Circuit.

Decided January 10, 1985.

Attorney(s) appearing for the Case

David R. Duncan, Rock Hill, S.C. (Hovis & Duncan Law Offices, P.A., Rock Hill, S.C., on brief), for appellant.

Kenneth P. Woodington, Senior Asst. Atty. Gen., Columbia, S.C. (T. Travis Medlock, Atty. Gen., Columbia, S.C., on brief), for appellees.

Before SPROUSE and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

SPROUSE, Circuit Judge:

We consider whether a public school teacher's payments into the South Carolina Retirement System are exempt from inclusion in a Chapter 71 bankruptcy estate. The plaintiff below was W. Ryan Hovis, trustee in bankruptcy. The defendants below were Katherine N. Wright, the debtor, and the South Carolina Retirement System.

The bankruptcy court held that such contributions...

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