Legal Opinion
Erricola v. Gaudette (In Re Gaudette)
United States Bankruptcy Court, D. New Hampshire
Decided June 11, 1999No. 19-10143PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
MARK W. VAUGHN, Chief Judge.
The Court has before it the Plaintiffs Request for Ruling, which seeks a determination that the Debtor’s pension plan, the OFS Pension Plan and Trust (“OFSPPT” or “Plan”), is not a qualified pension plan under the Employee Retirement Income Security Act of 1974 (“ERISA”). For the following reasons, the Court grants the Plaintiffs request and finds that the OFSPPT is not a pension plan subject to ERISA and is therefore property of the estate under section 541 of the Bankruptcy Code.
This Court has jurisdiction of the subject matter and the parties…
2Cases cited20 opinions
- Nationwide Mutual Insurance v. DardenSupreme Court of the United States · 1992
- Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
- Patterson v. ShumateSupreme Court of the United States · 1992
- Sure-Tan, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1984
- George Kwatcher v. Massachusetts Service Employees Pension FundCourt of Appeals for the First Circuit · 1989
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3Cited by3 opinions
- Erricola v. Gaudette (In Re Gaudette)United States Bankruptcy Court, D. New Hampshire · 1999
- In Re GoldscheinUnited States Bankruptcy Court, D. Maryland · 2000
- Erricola v. Thomas, Utell, Van De Water & Raiche, PA (In re Gaudette)United States Bankruptcy Court, D. New Hampshire · 2001