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CREASY v. COLEMAN FURNITURE CORP.

Civ. A. No. 86-0272-R.

83 B.R. 404 (1988)

Roy V. CREASY, Trustee in Bankruptcy for Coleman Furniture Company, Plaintiff, v. COLEMAN FURNITURE CORPORATION, Defendant.

United States District Court, W.D. Virginia, Roanoke Division.

March 1, 1988.

Attorney(s) appearing for the Case

Roy V. Creasy, Roanoke, Va., Trustee for plaintiff.

Harry S. Rhodes, Roanoke, Va., for plaintiff.

James F. Douthat, Roanoke, Va., George V. Hanna, III, Charlotte, N.C., Joseph B. Shumate, Jr., Pulaski, Va., William M. Mercer-Meidinger, Inc., Richmond, Va., for defendant.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

The principal question presented in this case is whether a debtor who exercised complete control over his firm's pension plan may exclude his interest in the Plan from his Chapter 7 bankruptcy estate under the "non-bankruptcy law" exclusion of 11 U.S.C. § 541(c)(2) or the "federal law" exemption of § 522(b)(2)(A). The court rules that he cannot and denies the debtor's motion to compel the firm...

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