National Bank of Monmouth v. Fesler (In re McClellan)

ORDER

MIHM, Chief Judge.

Pending before the Court is an appeal filed by Appellants Monty P. McClellan and the National Bank of Monmouth [Bank] from a final decision of the bankruptcy court. 152 B.R. 252. For the reasons set forth below, the decision is affirmed.

The Debtor, Monty P. McClellan, is a doctor who, prior to filing bankruptcy, practiced medicine at M & S Medical Center S.C., [M & S], a professional corporation. M & S established the M & S Medical Center Profit Sharing Plan and the M & S Pension Plan [Plans]. The Plans were ERISA governed deferred compensation plans.

On February 9,…