In the Matter of James Stewart Legare Haynes, Sr. And Joanne Grace Haynes, Debtors. Appeal of Ward W. Miller

BAUER, Circuit Judge.

Ward W. Miller, trustee in bankruptcy for the joint estate of Mr. and Mrs. James S. Haynes, Sr., appeals from the bankruptcy court order denying his request for turnover of Haynes’ Navy retirement pay to the bankruptcy estate. We affirm.

I

Haynes retired from the Navy in 1971 after completing twenty years of service. Upon his retirement, Haynes was transferred to the Fleet Reserve and began receiving retainer pay. 10 U.S.C. § 6330. Sometime in 1981, Haynes was transferred to the retired list of the Regular Navy, whereupon his retainer payments ceased, and he began receiving…