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IN RE WILCOX

No. 99-1726.

233 F.3d 899 (2000)

In re Michael Duane WILCOX, Debtor. Charles J. Taunt, Trustee, Plaintiff-Appellee, v. General Retirement System of the City of Detroit and Board of Trustees of the General Retirement System of the City of Detroit, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 13, 2000.

Attorney(s) appearing for the Case

Timothy A. Fusco (argued and briefed), Charles J. Taunt & Associates, Birmingham, Michigan, for Plaintiff-Appellee.

Lira A. Johnson (briefed), Peter A. Jackson (argued and briefed), Clark Hill, Detroit, Michigan, Judith Greenstone Miller (briefed), Clark Hill, Birmingham, Michigan, for Defendants-Appellants.

Ernest L. Jarrett (briefed), Detroit, Michigan, for Amicus Curiae.

Before: NELSON and NORRIS, Circuit Judges; MATIA, Chief District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

DAVID A. NELSON, Circuit Judge.

Although the Bankruptcy Code provides, in general, that all of a bankrupt debtor's property interests are to be turned over to the trustee in bankruptcy for the benefit of creditors, the code creates the following exception: "A restriction on the transfer of a beneficial interest of the debtor in a trust that is enforceable under applicable nonbankruptcy law is enforceable...

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