Wear v. O'Brien (In Re O'Brien)

ORDER

COLLINSON, Senior District Judge.

This matter is on appeal from the final order of the Bankruptcy Court for the Western District of Missouri 1 requiring appellants Boatmen’s National Bank of Springfield, as Trustee, and White River Orthopedic Clinic, Inc., as Plan Administrator, to turn over to William A. Wear, Sr., Trustee in Bankruptcy, all of the account of debtor Robert Patrick O’Brien in the White River Orthopedic Clinic, Inc., profit sharing plan, an ERISA-type account. The Bankruptcy Court’s order required the funds be included in the bankruptcy estate and ordered the claimed…