In Re Robert J. Futoran, Debtor, Bank of Beverly Hills, Max H. Rush, Chapter 7 Trustee v. Robert J. Futoran

52 F.3d 333 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Robert J. FUTORAN, Debtor, BANK OF BEVERLY HILLS, Plaintiff, Max H. Rush, Chapter 7 Trustee, Appellant, v. Robert J. FUTORAN, Defendant-Appellee. No. 94-55066. United States Court of Appeals, Ninth Circuit. Submitted April 6, 1995. * Decided April 19, 1995. 1 Before D.W. NELSON, and CANBY, Circuit Judges; TANNER, ** District Judge. 2 MEMORANDUM *** 3 Chapter 7 Trustee Max H. Rush appeals the district court's order reversing the bankruptcy court's ruling that Debtor Robert J. Futoran's IRS/ERISA-qualified pension and profit sharing plans ("the plans") are not excluded from Futoran's estate. 4 On October 23, 1992, the United States District Court for the Central District of California entered its Findings and Memorandum Opinion reversing the bankruptcy court's ruling that sustained the Trustee's objection to the debtor's claim of exemption pursuant to California Civil Procedure Code section 704.115. 1 5 Rush…