Legal Opinion
Pension Transfer Corp. v. Beneficiaries Under the Third Amendment to Fruehauf Trailer Corp. Retirement Plan No. 003
Court of Appeals for the Third Circuit
Decided April 12, 2006No. 05-1374PublishedCited by 1 opinion
1Opinion of the Court
AMBRO, Circuit Judge.
In this appeal we consider again the meaning and scope of the Bankruptcy Code’s fraudulent transfer provisions in 11 U.S.C. § 548(a)(1). In particular, we review the District Court’s determinations that: (1) a debtor’s right to a surplus generated by a pension plan is a property interest; (2) an amendment to that pension plan that irrevocably decreases the surplus is a transfer of the property interest; and (3) the value surrendered and the value gained as a result of the transfer need not be precisely calculated in this instance in order to conclude that they are not…
2Cases cited16 opinions
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- Segal v. RochelleSupreme Court of the United States · 1966
- Mellon Bank, N.A. v. Metro Communications, Inc.Court of Appeals for the Third Circuit · 1991
- Central Laborers' Pension Fund v. HeinzSupreme Court of the United States · 2004
- Regina Polselli Rudolph T. Polselli, Plaintiff-Intervenor v. Nationwide Mutual Fire Insurance CompanyCourt of Appeals for the Third Circuit · 1994
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3Cited by1 opinion
- In Re: Fruehauf Trailer Corporation, Debtor Pension Transfer Corp. v. Beneficiaries Under the Third Amendment to Fruehauf Trailer Corporation Retirement Plan No. 003 Fruehauf Trailer Corporation Retirement Plan, Plan No. 003 Beneficiaries Under the Third Amendment to Fruehauf Trailer Corporation Retirement Plan No. 003, and Steven F. Hollrah and Steve Havens, as Class RepresentativesCourt of Appeals for the Third Circuit · 2006