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IN RE BATTRAM

Bankruptcy No. SA 96-15604 JW, Adversary No. SA 96-1655 JW.

214 B.R. 621 (1997)

In re Kenneth BATTRAM, Debtor. Carol LEONARD, an individual, Plaintiff, v. SUNNYGLEN CORPORATION, a California corporation; Kenneth I. Battram, an individual; Nancy Lyle, an individual; Douglas K. Futura, an individual; Dexter W. Godbey, an individual; Sunnyglen Corporation Disability Agreement, an employee welfare benefit plan, Defendants.

United States Bankruptcy Court, C.D. California.

November 14, 1997.

Attorney(s) appearing for the Case

Alan V. Thaler, Harley L. Bjelland, Law Office of Alan V. Thaler, Costa Mesa, CA, for Plaintiff.

John J. Bingham, Jr., George E. Schulman, Kevin L. Hing, Danning, Gill, Diamond & Kollitz, L.L.P., Los Angeles, CA, for Kenneth Battram.

Stephen M. Garcia, Law Offices of Stephen M. Garcia, Manhattan Beach, CA, for Deter W. Godbey and Nancy Lyle.

MEMORANDUM OF DECISION

JOHN J. WILSON, Bankruptcy Judge.

INTRODUCTION

This matter involves an ERISA employee benefit plan entered into between several of the captioned parties. The issue before the Court is whether that plan is a specific type of ERISA plan known as a "Top-Hat" plan, which under the ERISA statute exempts the employer from any fiduciary duty to the employee. If the plan is not a top-hat plan (which would mean that ERISA ...

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