IN RE NELSON

No. 01-6072MN.

274 B.R. 789 (2002)

In re Ronald J. NELSON, Debtor. Ronald J. Nelson, Debtor-Appellant, v. James E. Ramette, Trustee-Appellee, Richard Schieffer, and the law firm of Anderson, Dove, Fretland & Van Valkenburg, Creditor-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: March 21, 2002.


Attorney(s) appearing for the Case

Randall L. Seaver, Burnsville, MN, for appellee Ramette.

David G. Parry, T. Chris Stewart, on brief, Minneapolis, MN, for appellee Schieffer.

Before KOGER, Chief Judge, SCHERMER and FEDERMAN, Bankruptcy Judges.


KOGER, Chief Judge.

Debtor/Appellant Ronald J. Nelson was awarded an interest in his former spouse's ERISA-qualified retirement plan in the amount of approximately $71,000.00 pursuant to a divorce decree and a Domestic Relations Order. After the divorce, but prior to receiving a distribution from the retirement plan, Nelson filed for Chapter 7 bankruptcy relief and asserted that the interest was either not property of his...

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