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MATTER OF BROOKS

No. 87-1546.

844 F.2d 258 (1988)

In the Matter of Jack G. BROOKS, M.D., Debtor. Jack G. BROOKS, M.D., Appellant, v. INTERFIRST BANK, FORT WORTH, et al., Appellees.

United States Court of Appeals, Fifth Circuit.

May 10, 1988.

Attorney(s) appearing for the Case

Walker C. Friedman, Elizabeth P. Sturdivant, G. Thomas Boswell, Law, Snakard & Gambill, Ft. Worth, Tex., for appellant.

J. Robert Forshey, Susan E. Coleman, Fort Worth, Tex., for First RepublicBank.

Jared D. Giddens, Shannon Self, Oklahoma City, Okl., for Consol. Asset Management Co.

Before RUBIN and POLITZ, Circuit Judges, and WALTER, District Judge.

ALVIN B. RUBIN, Circuit Judge:

A medical doctor, practicing as a radiologist, filed for bankruptcy in 1985. During the bankruptcy proceedings, he attempted to exclude from the estate his interest in an Employee Retirement Income Security Act (ERISA) pension plan created by the professional association of which he is a member. The issue is whether his interest in the plan is protected from the claims of the bankrupt doctor's creditors because it is a valid spendthrift...

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