Legal Opinion

Board of Trustees of the Ohio Carpenters' Pension Fund Ex Rel. Ohio Carpenters' Pension Fund v. Bucci (In Re Bucci)

Court of Appeals for the Sixth Circuit

Decided July 3, 2007No. 06-4164PublishedCited by 71 opinions

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 cited32 opinions

  1. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  2. In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
  3. Custer v. Pan American Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1993
  4. In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
  5. Lopresti v. TerwilligerCourt of Appeals for the Second Circuit · 1997

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3Cited by71 opinions

  1. In Re PatelCourt of Appeals for the Sixth Circuit · 2009
  2. Fahey v. FaheyBankruptcy Appellate Panel of the First Circuit · 2012
  3. Cody Farms, Inc. v. Deerman (In re Deerman)United States Bankruptcy Court, D. New Mexico · 2012
  4. Simmons Capital Advisors, Ltd. v. Bachinski (In Re Bachinski)United States Bankruptcy Court, S.D. Ohio · 2008
  5. Hulsing Hotels Tennessee, Inc. v. Steffner (In re Steffner)United States Bankruptcy Court, E.D. Tennessee · 2012

66 more not listed; retrieve them via the Exa API.

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