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Text of Ninth Circuit Opinion: Unpaid Company Contributions to Multiemployer Plan Were Dischargeable in Personal Bankruptcy of Company Owner (PDF)
U.S. Court of Appeals for the Ninth CircuitLink to more items from this source
July 31, 2015
"Agreeing with the Sixth and Tenth Circuits, the panel held that [Gregory Bos, the owner of a company participating in a multiemployer welfare plan,] was not a 'fiduciary' under 11 U.S.C. Section 523(a)(4) when he failed to make contractually required contributions to an employee benefits trust governed by [ERISA]. The panel declined to recognize an exception to the rule that unpaid contributions by employers to employee benefit plans are not plan assets, even though other courts had recognized an exception when the plan document expressly defines the fund to include future payments." [Bos v. Board of Trustees, No. 13-15604 (9th Cir. July 30, 2015)]

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