Legal Opinion
Corbett v. MacDonald Moving Services, Inc.
Court of Appeals for the Second Circuit
Decided August 8, 1997No. 1459, Docket 96-9413PublishedCited by 59 opinions
1Opinion of the Court
JACOBS, Circuit Judge:
A Chapter 11 debtor in bankruptcy, Santini Brothers, Inc. (“Santini”), ceased doing business in 1991 and laid off its employees, thereby incurring statutory “withdrawal liability” to the Teamster Local 814 Pension Fund, an ERISA multi-employer pension plan. See 29 U.S.C. §§ 1381-1405. Santini and the parent company that owns 100% of its stock — MacDonald Moving Services, Inc. (“MacDonald”) — undertook in Santini’s confirmed Plan of Reorganization to pay to the Fund, on specified terms, the amount of withdrawal liability that was estimated in the Fund’s Proof of Claim;…
2Cases cited18 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
- Stoll v. GottliebSupreme Court of the United States · 1938
- Durfee v. DukeSupreme Court of the United States · 1963
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3Cited by59 opinions
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- Kimber v. GMAC Mortgage, LLC (In re Residential Capital, LLC)United States Bankruptcy Court, S.D. New York · 2013
- In Re: American Preferred Prescription, Inc., Debtor. Kenneth P. Silverman, Esq., Trustee-Appellant v. Tracar, S.A.Court of Appeals for the Second Circuit · 2001
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