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MATTER OF FINK

Bankruptcy No. BK91-41705.

153 B.R. 883 (1993)

In the Matter of William Nelson FINK, Debtor.

United States Bankruptcy Court, D. Nebraska.

January 15, 1993.

Attorney(s) appearing for the Case

Robert Metcalf, Washington, DC, U.S. Dept. of Justice-Internal Revenue Service.

Ronald Hunter, Omaha, NE, for debtor.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

Before the court is the Debtor's Objection to Motion to Allow Claims of the IRS and the Nebraska Department of Revenue; the Resistance by the IRS; and the Objection to Plan by the IRS. The dispute centers on whether debtor's retirement annuity, which is not Erisa-qualified, is property of the bankruptcy estate. I conclude that the annuity is not property of the estate under § 541(c)(2). The objection...

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