Riske v. Gaylord Container Corp. (In Re Brown)

MEMORANDUM OPINION AND ORDER

BARRY S. SCHERMER, Bankruptcy Judge.

INTRODUCTION

This matter comes before this Court on a turnover complaint filed by trustee Charles W. Riske (the “Plaintiff”) against debtor Merrill Wayne Brown (the “Debtor”) and Gaylord Container Corporation (“Gaylord”) (collectively the “Defendants”), the latter being the holder of Mr. Brown’s interest in the Gaylord Retirement Savings Plan (the “Plan”). The Defendants dispute the Plaintiff’s alleged entitlement to Mr. Brown’s interest in the Plan, arguing that such entitlement is negated by the existence of a clause, required…