Wear v. Green (In re Green)

FLOYD R. GIBSON, Senior Circuit Judge.

Wal-Mart Stores (hereinafter “Wal-Mart”) and Wachovia Bank & Trust, in its capacity as trustee for the Wal-Mart Stores retirement plan, both appeal the district court’s affirmance of the bankruptcy court’s decision that an individual’s interest in a retirement plan covered by ERISA is part of that individual's bankruptcy estate. We reverse and remand.

I. BACKGROUND

Wal-Mart maintains a profit-sharing plan for its employees. The plan is funded solely from contributions from Wal-Mart, and annual contributions are made at the sole discretion of Wal-Mart’s…