IN RE SMITH

No. 91-3483.

964 F.2d 636 (1992)

In re William D. SMITH and Juliana M. Smith, Debtors. Richard E. BARBER, Trustee, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plan Administrator of the State Farm Insurance Companies' Incentive and Thrift Plan for United States Employees, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 15, 1992.


Attorney(s) appearing for the Case

L. Lee Smith, Asst. U.S. Atty., Kevin D. Schneider, Westervelt, Johnson, Nicoll & Keller, Peoria, Ill., for defendants-appellants.

Herbert M. Spector, Spector, Tappa & Nathan, Rock Island, Ill., for plaintiff-appellee.

Mark Jackson, East Moline, Ill., for debtors.

Before CUDAHY, POSNER, and COFFEY, Circuit Judges.


POSNER, Circuit Judge.

The appellee asks us to dismiss the appeal as moot, and the appellant opposes the request, raising an interesting procedural question.

The trustee in bankruptcy brought an adversary proceeding against State Farm, trying to get at money held by it for one of the two debtors in the bankruptcy proceeding as the administrator of her pension plan. The bankruptcy court ruled that the pension plan was not a "spendthrift trust" (that is, a trust...

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