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IN RE KINGSLEY

Bankruptcy No. 93-21645-BM. Adv. Nos. 94-2188-BM, 94-2374-BM.

181 B.R. 225 (1995)

In re James KINGSLEY, a/k/a Jim Kingsley, Debtor. James R. WALSH, Esquire, Trustee of the Bankruptcy Estate of James Kingsley, a/k/a Jim Kingsley, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE; and H.C. Copeland & Associates, Defendants. and James R. WALSH, Esquire, Trustee of the Bankruptcy Estate of James Kingsley, a/k/a Jim Kingsley, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, STATE EMPLOYES' RETIREMENT BOARD, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

April 17, 1995.

Attorney(s) appearing for the Case

James R. Walsh, Trustee, Spence Custer Saylor Wolfe & Rose, Johnstown, PA.

Susan Ray Kempski, Com. of Pennsylvania, State Employes' Retirement Bd., Harrisburg, PA.

Donna S. Webber, Asst. General Counsel, East Brunswick, NJ.

Robert C. Edmundson, Asst. Atty. Gen., Pittsburgh, PA.

Atty. Gen., Com. of Pennsylvania, Harrisburg, PA.

Kevin P. Leonard, Latrobe, PA, for debtor.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

The chapter 7 trustee has brought the above adversary actions seeking an order directing defendants to turn over to him as trustee the non-exempt portion of debtor's interest in a deferred compensation plan (hereinafter "DCP"). The trustee alleges that the res in question is property of debtor's bankruptcy estate that could be utilized to make partial distribution to debtor's creditors...

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