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Legal Opinion

Radcliffe v. International Painters & Allied Trades Industry Pension Fund (In Re Radcliffe)

District Court, N.D. Indiana

Decided July 8, 2008No. 3:07-cv-00285PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

PHILIP P. SIMON, Bankruptcy Judge.

Appellee Barry G. Radcliffe owned and operated Glass Service, Inc. As part of a labor agreement, Glass Service contributed to a union pension fund. When the company became delinquent on its contributions in early 2004, Radcliffe signed a personal guarantee to pay Glass Service’s contributions should the company default again. Glass Service did default again, but Radcliffe turned out to be a four flusher; he didn’t stand behind his personal guaranty and so he stiffed the fund.

The Appellant, International Painters and Allied Trades…

2Cases cited43 opinions

  1. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
  2. Patterson v. ShumateSupreme Court of the United States · 1992
  3. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  4. Boggs v. BoggsSupreme Court of the United States · 1997
  5. Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990

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3Cited by8 opinions

  1. In re SwindleUnited States Bankruptcy Court, N.D. Illinois · 2018
  2. In re Daya Medicals, Inc.United States Bankruptcy Court, S.D. Florida. · 2016
  3. In Re HerbstUnited States Bankruptcy Court, W.D. Wisconsin · 2012
  4. Patterson v. HOMECOMINGS FINANCIAL LLCDistrict Court, E.D. Wisconsin · 2010
  5. Backus Electric, Inc. v. HubbarttUnited States Bankruptcy Court, E.D. Wisconsin · 2020

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