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EMPLOYEE BENEFITS COMMITTEE v. TABOR

No. TH 90-211-C, Bankruptcy No. TH 89-1441, Adv. No. 90-8009.

127 B.R. 194 (1991)

EMPLOYEE BENEFITS COMMITTEE and Trustee of the Lilly Employee Savings Plan v. William J. TABOR, Trustee Sharon Rose Cress. In re Sharon Rose CRESS, Debtor. William J. TABOR v. EMPLOYEE BENEFITS COMMITTEE and Trustees of the Lilly Employee Savings Plan.

United States District Court, S.D. Indiana, Indianapolis Division.

May 9, 1991.

Attorney(s) appearing for the Case

John W. Purcell and Cynthia P. Purvis, Baker & Daniels, Indianapolis, Ind., for Employee Benefits Committee and Trustee of the Lilly Employee Sav. Plan.

William J. Tabor, Trustee pro se.

Michael T. Ellis, Terre Haute, Ind., for debtor.

Kenneth C. Meeker, U.S. Trustee, Indianapolis, Ind.

ORDER ON APPEAL FROM DECISION OF BANKRUPTCY COURT

McKINNEY, District Judge.

"The interpretation of Section 541(c)(2) of the Bankruptcy Code and its application to qualified employee benefit plans has generated considerable litigation and divergent results have been reached by the courts."

This classic understatement by Judge Altenberger in In re Sundeen, 62 B.R. 619...

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