Legal Opinion
Kirschenbaum Ex Rel. Estate of the Robert Plan Corp. v. United States Department of Labor (In Re Robert Plan Corp.)
Court of Appeals for the Second Circuit
Decided February 5, 2015No. 14-1144-bkPublishedCited by 45 opinions
1Per curiam
The issue we are asked to consider in this appeal is whether bankruptcy courts have jurisdiction to award compensation to a Chapter 7 bankruptcy trustee and his retained professionals out of assets in a 401(k) plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). We conclude that they do not. Accordingly, we affirm the decision of the District' Court.
BACKGROUND
On August 25, 2008, The Robert Plan Corporation (“RPC”) and The Robert Plan of New York Corporation (collectively, the “Debtors”) each filed voluntary petitions for relief under Chapter 11 of the Bankruptcy…
2Cases cited4 opinions
- In Re Burneice Turner, D/B/A Bunni's Diamond Inn and F/d/b/a Bunni's Casbar, Bunni's Andy C's, Debtor. Burneice Turner v. Kenneth ErmigerCourt of Appeals for the Second Circuit · 1983
- Mbna America Bank, N.A. v. Kathleen A. HillCourt of Appeals for the Second Circuit · 2006
- Baker v. SimpsonCourt of Appeals for the Second Circuit · 2010
- In Re AB & C Group, Inc.United States Bankruptcy Court, N.D. West Virginia · 2009
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- Merhav Ampal Group, Ltd. v. Merhav (M.N.F.) Ltd.Court of Appeals for the Second Circuit · 2017
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