In Re Stansberry

MEMORANDUM ON TRUSTEE’S OBJECTION TO DEBTOR’S AMENDED CLAIM OF EXEMPTION

RICHARD S. STAIR, Jr., Bankruptcy Judge.

The court has before it the objection filed by John F. Weaver, Trustee, to the debtor’s claim of an exemption in the benefits and assets of an ERISA 1 qualified pension plan known as the “Boilermaker-Blacksmith National Pension Trust” (the Plan). At issue is whether the debtor’s interest in the Plan, including a $1,059.70 monthly pension benefit, is excluded from his estate pursuant to 11 U.S.C.A. § 541(c)(2) (West Supp. 1988). 2 The trustee seeks a determination that the debtor’s…