In the Matter of Michael M. Witlin, Bankrupt. Stephen H. Judson, Trustee in Bankruptcy, and Evelyn Williams, Creditor v. Michael M. Witlin

TUTTLE, Circuit Judge:

The bankrupt appeals from the denial by the bankruptcy judge, affirmed by the district court, of his claim that three qualified trusts under the Keogh plan 1 are exempt from the claims of his creditors.

The parties do not dispute the facts. The bankrupt was a doctor who was self-employed who had contributed sums totalling $13,481 to his own retirement plan. Each of the plans contained a Keogh plan statutory trust which provided that the benefits of the trust might not be assigned nor alienated. This provision stated:

The benefits provided hereunder shall not be subject to…