Herbert v. Hesse (In re Hesse)

MEMORANDUM OPINION DENYING CROSS MOTIONS FOR SUMMARY JUDGMENT

BETH A. BUCHANAN, Bankruptcy Judge.

Before this Court are the parties’ cross-motions for summary judgment1 regarding certain retirement plan benefits alleg*494edly owed to Plaintiff Ken Herbert (“Herbert”).Herbert is a former employee of G.W. Hesse Plumbing Service Company (“Hesse Plumbing ”), an Ohio corporation owned by Debtor Defendant Gerald W. Hesse (the “Debtor ”).Herbert contends that from April 2000 through March 2013, $41,220.47 was withheld from his pay for contributions (the “Direct Contributions ”)to an ERISA qualified…