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Legal Opinion

In Re Brobeck, Phleger & Harrison, LLP

United States Bankruptcy Court, N.D. California

Decided February 23, 2009No. 14-54752Published

1Opinion of the Court

MEMORANDUM DECISION ON TRUSTEE’S OBJECTION TO CLAIM OF NICHOLAS L. SA-AKVITNE, TRUSTEE OF BRO-BECK RETIREMENT SAVINGS PLAN

DENNIS MONTALI, Bankruptcy Judge.

The trustee for debtor’s retirement savings plan filed a claim against the estate for $4,416,786.73 due to unpaid employer contributions for the year 2002. The case trustee objected, asserting that such claims had been released or waived in prior settlements. Because the claims were effectively released or waived, the case trustee’s objection as to the unpaid contributions is SUSTAINED, with a portion of the claim being allowed in the…

2Cases cited21 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
  3. Varity Corp. v. HoweSupreme Court of the United States · 1996
  4. Pegram v. HerdrichSupreme Court of the United States · 2000
  5. Hughes Aircraft Co. v. JacobsonSupreme Court of the United States · 1999

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