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Bankruptcy-Appointed Trustee Can Bring ERISA Action
PLANSPONSOR
[Guidance Overview] Dec. 12, 2010
Excerpt: Addressing Regions Bank's attempt to curtail [the Trustee's ERISA action] based on a prior court decision that a trustee seeking to exercise powers and fulfill obligations exclusively under the Bankruptcy Code may take action only for the benefit of the bankruptcy estate rather than for the debtor's former clients, DoL said in an Amicus Brief that the prior court case did not involve a trustee exercising standing and authority under another federal statute such as ERISA.
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