IN RE DYKE

Civ. A. No. H-89-2032, Bankruptcy No. 87-09170-H5-7.

119 B.R. 536 (1990)

In re Marshall James DYKE, Debtor. Marshall James DYKE, Appellant, v. William E. HEITKAMP, Trustee, Appellee.

United States District Court, S.D. Texas, Houston Division.

April 10, 1990.


Attorney(s) appearing for the Case

Hughes Watters & Askanase, David James Askanase, Houston, Tex., for appellant.

Calvin, Dylewski, Gibbs, Maddox, Russell & Verner, Marilee A. Madan, Houston, Tex., for appellee.


ORDER

HOYT, District Judge.

This case reached this Court by appeal from a bankruptcy court. In a final judgment, the bankruptcy court held that the Employee Retirement Income Security Act ("ERISA") preempts § 42.002(a) of the Texas Property Code. Based on this holding, the bankruptcy court concluded that the Debtor's, Marshall James Dyke, pension plan is property of the bankruptcy estate under 11 U.S.C. § 541(c)(2), and that no exemption exists...

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