Legal Opinion

Board of Trustees Ex Rel. Ohio Carpenters' Pension Fund v. Bucci

Court of Appeals for the Sixth Circuit

Decided July 3, 2007No. 06-4164PublishedCited by 1 opinion

1Opinion of the Court

OPINION

GRAHAM, District Judge.

This action presents the question of whether the United States Bankruptcy Code excludes from discharge a debt that an employer owes for failing to contribute to employee benefit funds. Debtor Charles S. Bucci signed a collective bargaining agreement in 2003 requiring his company, Floors by Bucci, Inc., to make monthly contributions to pension and fringe benefit funds. Bucci admits that he failed to' contribute to the funds for over a year. In 2005, he filed a Chapter 7 bankruptcy petition.

Appellants, who represent the various funds (the “Funds”), filed an…

2Cases cited31 opinions

  1. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  2. Custer v. Pan American Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1993
  3. In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
  4. Lopresti v. TerwilligerCourt of Appeals for the Second Circuit · 1997
  5. In Re Omegas Group, Inc., Debtor. Xl/datacomp, Inc., Plaintiff-Appellant/cross-Appellee v. John R. Wilson, Trustee, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1994

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3Cited by1 opinion

  1. Zamora v. Jacobs (In Re Jacobs)United States Bankruptcy Court, N.D. Illinois · 2009

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