Tabor v. Employee Benefits Committee (In Re Cress)

MEMORANDUM OP DECISION

HARRY C. DEES, Jr., Bankruptcy Judge, Sitting by Special Designation.

This matter comes before the court on Trustee William J. Tabor’s (“Trustee”) MOTION FOR SUMMARY JUDGMENT ON HIS COMPLAINT FOR ACCOUNTING AND TURNOVER OF ASSETS against defendants Employee Benefits Committee and Trustees of the Lilly Employee Savings Plan (“the Fiduciaries”), and Fiduciaries’ MOTION FOR SUMMARY JUDGMENT. The debtor/defendant, Sharon Rose Cress (“Debtor”), an employee of Eli Lilly & Co., is a participant in Eli Lilly & Co.’s pension plan. The Trustee seeks turnover of a portion of the…