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IN RE PILKINGTON

No. CV 87-Y-0529-W, Bankruptcy No. 86-4589, Adv. No. 86-0581.

89 B.R. 911 (1987)

In re Alice PILKINGTON, Debtor. C. Michael STILSON, Trustee, Plaintiff, v. GULF STATES PAPER CORP., Defendant.

United States District Court, N.D. Alabama, S.D.

June 12, 1987.

Attorney(s) appearing for the Case

C. Michael Stilson, Tuscaloosa, Ala., trustee.

Edwina E. Miller, Tuscaloosa, Ala., for debtor.

Elizabeth Shaw, Tuscaloosa, Ala., for defendant.

OPINION

POINTER, Chief Judge.

By a Complaint for Turnover of Property, the Trustee in Bankruptcy sought to include as property of the bankrupt estate the debtor's interest in a thrift plan established by her employer, Gulf States Paper Corporation, subject to the provisions of 29 U.S.C. §§ 1001 et seq. (ERISA). Gulf States moved to dismiss the Complaint, contending under 11 U.S.C. § 541(c)(2) that the debtor's interest was subject to...

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