Subscribe (Free) to
Daily or Weekly Newsletters
Post a Job

Featured Jobs

Business Development Director

AimPoint Pension
(Remote / Pompano Beach FL / AL / GA)

AimPoint Pension logo

Regional Vice President of Sales

The Retirement Plan Company
(Remote / AL / FL / GA / MS)

The Retirement Plan Company logo

Retirement Plan Administrator

Bates & Company, Inc.
(Remote / Winter Park FL)

Bates & Company, Inc. logo

Loan & Distribution Specialist

AimPoint Pension
(Remote)

AimPoint Pension logo

Director of 3(16) Operations

Compass
(Remote / NH / Hybrid)

Compass logo

Defined Benefit Combo Cash Balance Compliance Consultant

Loren D. Stark Company (LDSCO)
(Remote)

Loren D.  Stark Company (LDSCO) logo

View More Employee Benefits Jobs

Free Newsletters

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Mobile app icon
LinkedIn icon     Twitter icon     Facebook icon

Ninth Circuit Allows Discharge of Multiemployer Plan Withdrawal Liability in Bankruptcy
Littler Link to more items from this source
Aug. 22, 2013

"The Ninth Circuit ... [noted] that 'money that is owed to the Fund is not in the Fund, and is therefore not yet a Fund "asset."' ... The court also noted that under prior bankruptcy decisions, a debtor is not a fiduciary unless he was a fiduciary before the debt arose -- the failure to pay the debt cannot create a fiduciary status that did not previously exist." [Carpenters Pension Trust Fund v. Moxley, No. 11-16133 (9th Cir. Aug. 20, 2013)]

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the linked news item's title).
An important word about authorship: BenefitsLink® created this link to the news item, but we are not the news item's author (unless expressly shown above).
© 2024 BenefitsLink.com, Inc.