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IN RE WINGFIELD

Bankruptcy No. 01-71375. Civ.A. No. 2:02CV78.

284 B.R. 787 (2002)

In re Curtis WINGFIELD. Internal Revenue Service, Appellant, v. Curtis Wingfield, Appellee/Cross-Appellant.

United States District Court, E.D. Virginia, Norfolk Division.

July 12, 2002.

Attorney(s) appearing for the Case

Gregory David Stefan, U.S. Attorney's Office, Norfolk, VA, Richard G. Jacobus, Jason S. Zarin, U.S. Department of Justice, Tax Division, Washington, DC, for appellant.

Robert Vincent Roussos, Roussos, Langhorne and Carlson, P.L.C., Norfolk, VA, for appellee.

Debera F. Conlon, Office of the United States Trustee, Norfolk, VA, United States Trustee.

ORDER

FRIEDMAN, District Judge.

This matter is before the court on the Internal Revenue Service's appeal from a decision rendered by Judge Stephen C. St. John of the United Stated Bankruptcy Court for the Eastern District of Virginia. The Internal Revenue Service ("IRS") appeals this decision, arguing that the Bankruptcy Court erred in holding that Mr. Wingfield's ERISA-governed 401(k) plan was not property of the bankruptcy estate for the purposes...

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