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IN RE WEST

BAP No. OR 86-1970 JMeAs, Bankruptcy No. 386-000456.

81 B.R. 22 (1987)

In re James Michael WEST, Nancy Lee West, Debtors. John MITCHELL, Trustee, Plaintiff-Appellant, v. James M. WEST, Nancy L. West, Defendants-Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided October 8, 1987.

Attorney(s) appearing for the Case

Mary E. Egan, Ransom, Blackman & Simson, Portland, Or., for plaintiff-appellant.

Steven Scroggin, Scroggin & Mason, Beaverson, Or., for debtors/defendants-appellees.

Before JONES, MEYERS and ASHLAND, Bankruptcy Judges.

OPINION

FACTS

The debtor, James M. West ("West"), was employed by Intel Corporation until January 17, 1986. As an Intel employee, West was an automatic participant in the Intel Profit-Sharing Retirement Plan ("Plan"). The Plan is an ERISA qualified plan and contains the following language:

Section 11(a) No Assignment of Property Rights. . . . [T]he interest or property rights of any person in the...

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