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IN RE WITTE

Bankruptcy No. HK 85 2474.

92 B.R. 218 (1988)

In re David B. WITTE, M.D., Debtor.

United States Bankruptcy Court, W.D. Michigan.

October 21, 1988.

Attorney(s) appearing for the Case

James G. Vantine, Jr., Craig R. Bush, Miller, Canfield, Paddock and Stone, Kalamazoo, Mich., for debtor.

Bridget M. Rowan, Daniel M. Houlf, Tax Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

Paul E. Davidoff, Stanley, Davidoff, and Gray, P.C., Kalamazoo, Mich., for trustee.

Steven L. Rayman, Walsh, Miller, Rayman and Langeland, James B. Ford, Zarbock and Ford, Kalamazoo, Mich., for Cheryl Fritz, Personal Representative of the Estate of Cynthia Brinks.

Mark Matus, Dept. of the Atty. Gen., Revenue Div., Lansing, Mich., Asst. Michigan Atty. Gen.

OPINION

LAURENCE E. HOWARD, Bankruptcy Judge.

ERISA QUALIFICATION AND THE BANKRUPTCY CODE

Originally, the debtor, David B. Witte, M.D., and the Trustee, Richard Remes, had filed a joint motion asking this court to determine under 11 U.S.C. § 505 that a distribution of $225,000 from the debtor's profit-sharing plan interest to the trustee and ultimately to an unsecured creditor would not deprive that plan or its participants of qualification...

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