IN RE WATSON

Nos. 97-17411.

161 F.3d 593 (1998)

In re: David Warren WATSON, Debtor. David Warren WATSON, Appellant, v. James PROCTOR; Central Bank; Suzanne Nebeker, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 1, 1998.


Attorney(s) appearing for the Case

William M. O'Mara, Reno, Nevada, for appellant.

William A. Van Meter, Van Meter & Matteoni, Reno, Nevada, for appellee.

Before: SNEED, HALL, and RYMER, Circuit Judges.


SNEED, Circuit Judge:

Debtor David W. Watson, M.D., ("Watson") appeals from the Bankruptcy Appellate Panel ("BAP") judgment that the David W. Watson, M.D., P.C. Profit Sharing Plan and Trust Agreement ("Plan") is not excluded from his bankruptcy estate under 11 U.S.C. § 541(c)(2) because it does not constitute an "employee benefit plan" under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1003(a) (1988).

Watson argues...

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