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IN RE KINCAID

BAP No. OR-88-1001 JMoAs, Bankruptcy No. 385-05403.

96 B.R. 1014 (1989)

In re Michael and Sharon KINCAID, Debtors, Ronald A. WATSON, Trustee, Plaintiff/Appellee, v. Sharon KINCAID and John Hancock Mutual Life Ins. Co., a foreign corporation, and John Hancock Mutual Life Ins. Co., Administrator, Defendants/Appellants.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 16, 1989.

Attorney(s) appearing for the Case

Herbert H. Anderson, Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland, Or., for defendants/appellants.

Ronald A. Watson, Portland, Or., for plaintiff/appellee.

Before JONES, MOOREMAN and ASHLAND, Bankruptcy Judges.

OPINION

JONES, Bankruptcy Judge:

John Hancock Mutual Life Insurance Company appeals a bankruptcy court order requiring it to turnover to the estate $2,375.70 held by it in its capacity as administrator of the Debtor's ERISA plan.

FACTS

The Debtors, Sharon and Michael Kincaid, filed a bankruptcy petition on December 26, 1985. At the time of the filing, Sharon Kincaid was an employee of the Appellant, John Hancock Mutual Life Insurance Company...

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