Williams v. Board of Pensions of the Church of God, Inc. (In re Tomer)

MEMORANDUM AND ORDER

KENNETH J. MEYERS, Bankruptcy Judge.

Following a determination by this Court that the debtors were not entitled to exempt the interest of debtor J. Lloyd Tomer in a Church of God, Inc., pension,1 the trustee brought this turnover action to compel the Board of Pensions of the Church of God, Inc. (“Board”), to pay over the current balance of the debtor’s account for the benefit of the bankruptcy estate. The Board answered and filed a motion for summary judgment in which it asserted that the pension plan has the attributes of a spendthrift trust and is excluded from the…