In re Durham

OPINION AND ORDER

ROBERT D. MORGAN, District Judge.

The pending issue arises on petition of a voluntary bankrupt to review an order of the Referee in Bankruptcy dated April 17, 1967, holding the bulk of some $1,273.71 of “Separation Allowance,” otherwise becoming payable to the bankrupt upon termination of employment subsequent to adjudication, to be the property of the trustee under Section 70 (a) of the Bankruptcy Act (Title 11 U.S.C. § 110(a)).

The bankrupt contends that these funds, being subject to a “spendthrift trust” provision of the union contract and being “contingent” until paid, were…