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IN RE CHEAVER

Bankruptcy No. 90-00295, Adv. No. 90-0098.

121 B.R. 665 (1990)

In re CHEAVER, Valerie Denise a/k/a Teague, Valerie Denise, Debtor. David B. TATGE, Trustee, Plaintiff, v. Valerie D. CHEAVER and the Medlantic Healthcare Group Cash Balance Retirement Plan, Defendants.

United States Bankruptcy Court, District of Columbia.

December 5, 1990.

Attorney(s) appearing for the Case

David B. Tatge, Dwight D. Meier, Washington, D.C., for plaintiff.

John P. Devers, Fred S. Somer, Washington, D.C., for defendants.

DECISION RE MOTION TO DISMISS AND TRUSTEE'S MOTION FOR SUMMARY JUDGMENT

S. MARTIN TEEL, Jr., Bankruptcy Judge.

The plaintiff, the trustee in the debtor's Chapter 7 case, seeks turnover of the debtor's retirement fund. The court concludes that property immune from the reach of creditors under the anti-alienation provisions of ERISA, 29 U.S.C. § 1056(d)(1), is not property of the estate under 11 U.S.C. § 541(c)(2). In re Moore,

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