Legal Opinion
Malone v. Teamsters Health & Welfare & Pension Trust Funds of Philadelphia & Vicinity (In Re Malone)
United States Bankruptcy Court, E.D. Pennsylvania
Decided May 14, 1984No. 19-11649PublishedCited by 5 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue in the dispute at bench is whether the debtors have a right to set off their current indebtedness under the Employee Retirement Income Security Act (“ERISA") against previous excess payments made by them. For the reasons stated below we hold that the debtors have no right of setoff.
The facts of this case are as follows: 1 The debtors filed a petition for reorganization under chapter 11 of the Bankruptcy Code (“the Code”) on September 27, 1982. The three debtors, — Fergus A. Malone, Jr., James A. Malone, Sr., and William E. Malone (“the…
2Cases cited5 opinions
- Teamsters Local 639-Employers Health Trust v. Cassidy Trucking, Inc., Teamsters Local 639-Employers Health Trust v. Cassidy Trucking, Inc.Court of Appeals for the Fourth Circuit · 1981
- Crown Cork & Seal Co. v. Teamsters Pension Fund of Philadelphia & VicinityDistrict Court, E.D. Pennsylvania · 1982
- E. M. Trucks, Inc. v. Central States, Southeast & Southwest Areas Pension PlanDistrict Court, D. Minnesota · 1981
- R.V. Cloud Co. v. Western Conference of Teamsters Pension Trust FundDistrict Court, N.D. California · 1983
- Hardy v. National Kinney of California, Inc.District Court, N.D. California · 1983
3Cited by5 opinions
- Airco Industrial Gases v. Teamsters Health & Welfare Pension FundDistrict Court, D. Delaware · 1985
- Teamsters Pension Trust Fund of Philadelphia & Vicinity v. Malone Realty Co. (In Re Malone)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- McHugh v. TEAMSTERS PENSION TRUST FUND OF PHILA.District Court, E.D. Pennsylvania · 1986
- Teamsters Pension Trust Fund of Philadelphia & Vicinity v. Malone Realty Co.District Court, E.D. Pennsylvania · 1988
- In Re RideoutUnited States Bankruptcy Court, N.D. Ohio · 1987