IN RE CONNER

No. 94-16001.

73 F.3d 258 (1996)

In re Wilker S. & Janice M. CONNER, Debtor. 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 Court of Appeals, Ninth Circuit.

Decided January 11, 1996.


Attorney(s) appearing for the Case

Michael McGrath, Mesch, Clark & Rothschild, Tucson, Arizona, for appellant.

Ellen M. Van Riper, Kane Jorden von Oppenfeld Bischoff & Biskind, P.L.C., Phoenix, Arizona, for appellees Wilker S. and Janice M. Conner.

Wendy D. Woodrow, Jennings, Strouss & Salmon, Phoenix, Arizona, for appellee Orthopedic Clinic 401K Profit Sharing Plan and Trust Agreement.

April Pearson, Puregro/Unocal, Brea, California, for appellee Puregro Company.

Before: SCHROEDER and ALARCON, Circuit Judges, and PANNER, District Judge.


SCHROEDER, Circuit Judge:

Appellant is a Chapter 7 trustee of the estate of the debtors, Wilker and Janice Conner. The contested property is Janice Conner's interest in her pension and profit sharing plan, which is maintained by her employer, The Orthopedic Clinic. The trustee now appeals from a decision of the Bankruptcy Appellate Panel affirming a bankruptcy court order that refused to turn over the debtor's interest in the plan to the bankruptcy estate. The issue...

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