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IN RE LOWENSCHUSS

No. 98-15292.

171 F.3d 673 (1999)

In re: Fred LOWENSCHUSS, Debtor. Fred Lowenschuss, individually and in all capacities, Appellant, and Laurance Lowenschuss, Trustee of the Fred Lowenschuss Associates Attorneys at Law Pension and Profit Sharing Plan, Intervenor-Appellant, v. Beverly Selnick, Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred October 9, 1998.

Resubmitted March 10, 1999.

Decided March 17, 1999.

Attorney(s) appearing for the Case

Robin L. Filion, Baker & McKenzie, San Francisco, California, for the appellant.

Michael R. Griffinger, Gibbons, Del Deo, Dolan, Griffinger, & Vecchione, Newark, New Jersey, for the intervenor-appellant.

Joseph S. Kistler, Gordon & Silver, Ltd., Las Vegas, Nevada, for the appellee.

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

CYNTHIA HOLCOMB HALL, Circuit Judge:

Fred Lowenschuss ("Debtor") appeals from the district court's order affirming the bankruptcy court's November 1, 1996 order: (1) ruling that the Fred Lowenschuss & Associates at Law Pension Plan ("Pension Plan") was not ERISA qualified on the petition date, and was therefore not excluded from the bankruptcy estate under 11 U.S.C. § 541(c)(2); (2) ruling that Nevada law would be applied to determine whether Debtor's interest...

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