Legal Opinion

In Re Wire Rope Corp. of America, Inc.

United States Bankruptcy Court, W.D. Missouri

Decided December 30, 2002No. 14-41204PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

Jerry VENTERS, Bankruptcy Judge.

In this Chapter 11 proceeding, the debt- or and debtor-in-possession, Wire Rope Corporation of America, Incorporated, (“Debtor”) presents a unique issue of first impression in this Court and an issue that apparently has not been addressed by the Eighth Circuit Court of Appeals — the “distress termination” of three employee retirement plans pursuant to provisions of the Employee Retirement Income Security Act of 1974 (“ERISA”).

Succinctly stated, the Debtor asserts that it will be unable to successfully reorganize under Chapter 11 of…

2Cases cited2 opinions

  1. In Re Resol Manufacturing Co.United States Bankruptcy Court, N.D. Illinois · 1990
  2. Matter of Sewell Mfg. Co., Inc.United States Bankruptcy Court, N.D. Georgia · 1996

3Cited by7 opinions

  1. In Re Kaiser Aluminum Corporation, Debtor. Pension Benefit Guaranty CorporationCourt of Appeals for the Third Circuit · 2006
  2. Pension Benefit Guaranty Corp. v. Falcon Products, Inc.Court of Appeals for the Eighth Circuit · 2007
  3. In Re US Airways Group, Inc.United States Bankruptcy Court, E.D. Virginia · 2003
  4. Boivin v. US Airways, Inc.District Court, District of Columbia · 2003
  5. In Re Philip Services Corp.United States Bankruptcy Court, S.D. Texas · 2004

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