Legal Opinion
In Re Kaiser Aluminum Corporation, Debtor. Pension Benefit Guaranty Corporation
Court of Appeals for the Third Circuit
Decided July 26, 2006No. 05-2695PublishedCited by 49 opinions
1Opinion of the Court
OPINION OF THE COURT
RENDELL, Circuit Judge.
The Employee Retirement Income Security Act of 1974 (“ERISA”) permits an employer seeking reorganization in Chapter 11 bankruptcy to terminate a pension plan if the employer satisfies certain notice requirements and demonstrates to a bankruptcy court that it will be unable to pay its debts and continue in business outside of Chapter 11 unless the pension plan is terminated. ERISA § 4041(e)(2)(B)(ii)(IV), 29 U.S.C. § 1341(c)(2)(B)(ii)(IV) (2000). Courts typically refer to this requirement for a plan termination as the “reorganization test.” The…
2Cases cited40 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Pepper v. LittonSupreme Court of the United States · 1939
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
35 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Encompass Insurance Co v. Stone Mansion Restaurant IncCourt of Appeals for the Third Circuit · 2018
- Estate of Joseph Maglioli v. Alliance HC Holdings, LLCCourt of Appeals for the Third Circuit · 2021
- Vickie Thorne v. Pep Boys Manny Moe & JackCourt of Appeals for the Third Circuit · 2020
- In Re American Capital Equipment, LLCCourt of Appeals for the Third Circuit · 2012
- Sullivan v. Novartis Pharmaceuticals Corp.District Court, D. New Jersey · 2008
44 more not listed; retrieve them via the Exa API.