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WHETZAL v. ALDERSON

Nos. 93-2582, 93-2129.

32 F.3d 1302 (1994)

Dennis WHETZAL, Chapter 7 Trustee; Estate of Carl V. Gull; Estate of Eunice I. Gull, Plaintiffs-Appellees, v. L.D. ALDERSON, Defendant, Office of Personnel Management, Appellant. ESTATE OF Carl V. GULL; Estate of Eunice I. Gull; Dennis Whetzal, Plaintiffs-Appellees, v. OFFICE OF PERSONNEL MANAGEMENT, Defendant-Appellant. Dennis WHETZAL, Chapter 7 Trustee; Estate of Carl V. Gull; Estate of Eunice I. Gull, Plaintiffs-Appellees, v. L.D. ALDERSON, Defendant-Appellant, ESTATE OF Carl V. GULL; Estate of Eunice I. Gull; Dennis Whetzal, Plaintiffs-Appellees, v. OFFICE OF PERSONNEL MANAGEMENT, Defendant, L.D. Alderson, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 19, 1994.

Attorney(s) appearing for the Case

Jennifer H. Zacks of Appellate Staff, Dept. of Justice, Washington, DC, argued, for appellant.

Argument was not presented on behalf of the appellee.

Before LOKEN, Circuit Judge, BRIGHT, Senior Circuit Judge, and WEIS, Senior Circuit Judge.

WEIS, Circuit Judge.

In this appeal, we hold that a former federal employee's right to receive a lump-sum retirement benefit is excluded from his bankruptcy estate. Accordingly, we will reverse a district court order affirming a bankruptcy judge's determination that the lump sum was part of the estate.

The debtor, L.D. Alderson, was employed by the federal government for almost thirty years until his service was terminated on May 24, 1985. During his federal...

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