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IN RE CONNER

BAP No. AZ-93-1440-RJH. Bankruptcy No. 91-01549-PL-LO. Adv. No. A92-0249.

165 B.R. 901 (1994)

In re Wilker S. CONNER; Janice M. Conner, Debtors. John BARKLEY, Trustee, Appellant, v. Wilker S. CONNER; Janice M. Conner; Orthopedic Clinic 401K Profit Sharing Plan and Trust Agreement; Puregro Company, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Submitted March 7, 1994.

Decided April 29, 1994.

Attorney(s) appearing for the Case

Michael D. McGrath, Tucson, AZ, for appellant.

Ellen M. Van Riper, Phoenix, AZ, for appellees.

Before RUSSELL, JONES, and HAGAN, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

This appeal arises from a bankruptcy court's order denying the Chapter 71 trustee's motion for turnover of the debtor's interest in an employer's profit sharing and pension plan. The Chapter 7 trustee appeals. We AFFIRM.

I. FACTS

The debtors, Wilker and Janice Conner, ("Conners"), filed their Chapter 7 petition on May 2, 1991...

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