Legal Opinion
Board of Trustees v. Kern (In re Kern)
United States Bankruptcy Court, E.D. New York
Decided April 9, 2017No. Case No.: 13-71700-ast; Adv. Proc. No.: 13-08177-astPublishedCited by 7 opinions
1Opinion of the Court
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT
Alan S. Trust, United States Bankruptcy Judge
Issues Presented and Summary of Ruling
The Plaintiffs are the Board of Trustees of certain benefit funds established under the framework of ERISA. Defendant Richard Kern was the principal owner and *21control person of a closely held company which employed union members who were entitled to have contributions made on their behalf to the benefit funds and their union for at…
2Cases cited52 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
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3Cited by7 opinions
- Board of Trustees of the Sheet Metal Workers International Association Local Union No. 28 Trust Funds v. KernDistrict Court, E.D. New York · 2020
- Deborah J. Piazza, as Chapter 7 Trustee of Poonam v. KeswaniUnited States Bankruptcy Court, S.D. New York · 2022
- In re: Rebekah Anderson Cruz and Daniel Cruz v. Trustees of the National Elevator Industry Pension Fund, et al.United States Bankruptcy Court, S.D. Georgia · 2026
- Kelly v. LettiereUnited States Bankruptcy Court, E.D. New York · 2022
- MOUNTAIN AIRE MANAGEMENT, LLC v. CinneyUnited States Bankruptcy Court, N.D. New York · 2021
2 more not listed; retrieve them via the Exa API.