Legal Opinion
In Re the Colonial BancGroup, Inc.
United States Bankruptcy Court, M.D. Alabama
Decided June 25, 2010No. 19-10164PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
DWIGHT H. WILLIAMS, JR., Bankruptcy Judge.
The Colonial BancGroup, Inc. (“debtor”) filed a motion for authority to exercise ownership rights over assets held in a deferred compensation plan (Doc. #255). The motion is opposed by twenty-one employees of the debtor and its subsidiary, Colonial Bank, who contributed to the plan. 1 An evidentiary hearing was held on April 15, 2010.
At issue is whether the debtor’s deferred compensation plan is a “top hat” plan under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and whether the assets are excluded from…
2Cases cited11 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Otis J. Holloman v. Mail-Well CorporationCourt of Appeals for the Eleventh Circuit · 2006
- In Re It Group, Inc.Court of Appeals for the Third Circuit · 2006
- Reliable Home Health Care, Inc. v. Union Central InsuranceCourt of Appeals for the Fifth Circuit · 2002
- Schroeder v. New Century Holdings, Inc. (In Re New Century Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2008
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Korneff v. Downey Regional Medical Center-Hospital, Inc. (In Re Downey Regional Medical Center-Hospital, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- Hill v. Opus Corp.District Court, C.D. California · 2011
- Loftus v. Federal Deposit InsuranceDistrict Court, D. South Carolina · 2013
- Hill v. Opus Corp.District Court, C.D. California · 2011
- Hurbert v. Cheeks (In Re Cheeks)United States Bankruptcy Court, N.D. Illinois · 2012
2 more not listed; retrieve them via the Exa API.