In Re Struebing

MICHAEL J. KAPLAN, Bankruptcy Judge.

In the case of In re Lowe, 252 B.R. 614 (Bankr.W.D.N.Y.2000), this Court held that funds in a certain “profit sharing fund” were not exempt. A debtor participating in that fund could himself readily invade the fund, and so a bankruptcy trustee also could do so, this Court held. In the case of In re Johnson, 254 B.R. 786 (Bankr.W.D.N.Y.2000), this Court held that funds in a certain “deferred compensation plan” were not exempt. Even though a participant in that plan could not readily reach the funds, this Court ruled that her creditors could, and consequently…