In Re Faulkner

MEMORANDUM ON TRUSTEE’S OBJECTION TO CLAIM OF EXEMPTION

RICHARD STAIR, Jr., Bankruptcy Judge.

At issue is whether the debtor’s vested interest in an ERISA 1 qualified profit sharing plan established and funded by his employer, RBX Industries, Inc., is excluded from the debtor’s estate under 11 U.S.C.A. § 541(c)(2) (West Supp.1987). Alternatively, if it is determined that the debtor’s vested interest in the profit sharing plan is an asset of his estate, the trustee seeks a determination as to what portion of that interest, if any, is allowable to the debtor as exempt under Tenn.Code Ann. §§…