Holloway v. HECI Exploration Co. Employees' Profit Sharing Plan

OPINION

FITZWATER, District Judge.

This appeal challenges the bankruptcy court’s authority to determine an action to recover benefits from a qualified ERISA profit sharing plan established pre-petition by a title 11 debtor and challenges the bankruptcy court’s judgment that plaintiff-appellee did not waive his right to participate in the plan. The court concludes that the bankruptcy court had the authority to enter a final judgment because appellant effectively waived its right to an Article III determination and holds that the findings of the bankruptcy court on the merits are not clearly…