Pension Benefit Guaranty Corp. v. Falcon Products, Inc. (In Re Falcon Products, Inc.)

MEMORANDUM AND ORDER

SHAW, District Judge.

This matter is before the Court on an appeal by the Pension Benefit Guaranty Corporation of an October 26, 2005 Order and Findings of Fact and Conclusions of Law (collectively the “Order”) 1 of the United States Bankruptcy Court for the Eastern District of Missouri (1) determining that the financial requirements for a distress termination of the debtors’ three defined benefit pension plans under ERISA § 4041(c)(2)(B)(ii)(IV) are satisfied; and (2) approving the distress termination of the three pension plans.

The main issue presented in this appeal is:…