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IN RE KUNZ

BAP No. UT-03-100. Bankruptcy No. 02C-40422. Adversary No. 03PC-2292.

309 B.R. 795 (2004)

In re Ronald Kent KUNZ, also known as R. Kent Kunz, also known as Kent Kunz, also known as K. Kunz, also known as Ronald Kunz, also known as R. Kunz, Debtor. Stephen W. Rupp, Trustee, Plaintiff-Appellant, v. Ronald Kent Kunz, Trustee and Plan Administrator of the K & B Development, Inc. Profit Sharing Plan, Sylvia Lamas, Trustee of the K & B Development, Inc. Profit Sharing Plan, and K & B Development, Inc. Profit Sharing Plan, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

May 11, 2004.

Attorney(s) appearing for the Case

Stephen W. Rupp, Trustee, pro se (Jeremy C. Sink of McKay, Burton & Thurman, Salt Lake City, UT, with him on the brief).

Douglas J. Payne (David N. Kelley with him on the brief) of Fabian & Clendenin, Salt Lake City, UT, for Defendants-Appellees.

Before NUGENT, BROWN, and McNIFF, Bankruptcy Judges.

OPINION

PER CURIAM.

Debtor Ronald Kent Kunz owns a beneficiary interest in an ERISA-qualified retirement plan of K & B Development, Inc. ("K & B Plan"). The Debtor's bankruptcy trustee, Stephen W. Rupp, concluded that the terms of the K & B Plan allowed the Debtor an unlimited right to withdraw funds contributed by the Debtor, and the Trustee attempted to exercise the Debtor's right to withdraw funds. When the K & B Plan's trustees and administrators...

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