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IN RE KWAAK

Bankruptcy No. 283-00186, Adv. No. 283-0308.

42 B.R. 599 (1984)

In re Peter W. KWAAK, Frances L. Kwaak, Debtors. Dennis G. BEZANSON, Esquire, Plaintiff, v. MAINE NATIONAL BANK, Maine Aviation Corporation, Peter William Kwaak, Frances Louise Kwaak, Defendants.

United States Bankruptcy Court, D. Maine.

September 24, 1984.

Attorney(s) appearing for the Case

Dennis G. Bezanson, South Portland, Me., pro se.

Robert Checkoway, Portland, Me., for defendants Maine National and Maine Aviation.

Judith Clancy, Portland, Me., for defendants William and Louise Kwaak.

MEMORANDUM DECISION

FREDERICK A. JOHNSON, Bankruptcy Judge.

The trustee seeks a determination that the debtors' interest in an employer-financed stock bonus and profit-sharing retirement trust is non-exemptible property of the estate. The debtors, the employer, and the bank which administers the funds all oppose the relief sought by the trustee. After a careful review of the trust, the statutes, and the relevant case law, the court concludes that the debtors...

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