Morrison v. Roulston (In Re Smith)

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

The Chapter 7 Trustee, Harvey S. Morrison (Trustee) seeks the turnover of funds held by Russell H. Smith’s (the Debtor) employer, Roulston and Company, Inc. (the Company). More specifically, the funds in question are funds which are credited to the Debtor’s employee account under the Company’s Profit Sharing Plan and Trust (the Plan). Upon the Trustee’s motion for partial summary judgment and the Defendants’ reply brief, this matter is adjudicated upon the briefs submitted.

The Trustee asserts that the funds are estate property…