Legal Opinion
Pension Benefit Guaranty Corp. v. Belfance
Court of Appeals for the Sixth Circuit
Decided November 17, 2000No. 99-4243PublishedCited by 1 opinion
1Opinion of the Court
OPINION
RYAN, Circuit Judge.
We must decide in this appeal whether the lower courts erred in using a “prudent investor rate” to calculate a claim in a bankruptcy proceeding involving unfunded benefit liabilities for a defined benefit pension plan (DBPP) under the Employee Retirement Income Security Act of 1974 (ERISA). We must also determine whether a claim for missed minimum funding contributions is entitled to a “tax” priority under 11 U.S.C. § 507(a)(7) (currently § 507(a)(8)). We hold that the “prudent investor rate” is an appropriate valuation tool for a claim involving unfunded benefit…
2Cases cited4 opinions
- Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
- 17 Collier bankr.cas.2d 1077, Bankr. L. Rep. P 72,026 in Re White Motor Corporation, Debtor, Employee Transfer Corporation v. John T. Grigsby, Jr., Disposition Assets TrusteeCourt of Appeals for the Sixth Circuit · 1987
- In Re: Sunarhauserman, Inc. And Hauserman, Inc., Debtors. Pension Benefit Guaranty Corporation v. Sunarhauserman, Inc. And Hauserman, Inc.Court of Appeals for the Sixth Circuit · 1997
- In Re: Highland Superstores, Inc., Debtor. Unsecured Creditors' Committee of Highland Superstores, Inc. v. Strobeck Real Estate, Inc.Court of Appeals for the Sixth Circuit · 1998