Legal Opinion
In the Matter of Esco Manufacturing Co., Debtor. Pension Benefit Guarantee Corp. v. Gregg Pritchard, Trustee in Bankruptcy for Esco Manufacturing, Co.
Court of Appeals for the Fifth Circuit
Decided September 29, 1994No. 93-1681PublishedCited by 10 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
This case brings to the fore the interrelationship between the bankruptcy laws protecting debtors1 and the pension laws protecting pension plan participants.2 Our analysis of the independent existence and cross fertilization of these two major Congressional enactments leads us to prohibit any attempt to utilize the bankruptcy laws to escape *510ERISA’s protection of pension plan participants. We hold that a Chapter 7 bankruptcy trustee remains subject to the debtor’s statutory obligation to terminate its pension plan in accordance with the specific procedures established…
2Cases cited16 opinions
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Pension Benefit Guaranty Corporation v. LTV Corp.Supreme Court of the United States · 1990
- Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1989
- Holywell Corp. v. SmithSupreme Court of the United States · 1992
- Drennan v. General Motors Corp.Court of Appeals for the Sixth Circuit · 1992
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3Cited by10 opinions
- Christopher v. Kendavis Holding Co. (In Re Kendavis Holding Co.)Court of Appeals for the Fifth Circuit · 2001
- In re All Island Truck Leasing Corp.United States Bankruptcy Court, E.D. New York · 2016
- In Re New Center HospitalDistrict Court, E.D. Michigan · 1996
- In the Matter of Esco Manufacturing Co., Debtor. Pension Benefit Guarantee Corp. v. Gregg Pritchard, Trustee in Bankruptcy for Esco Manufacturing Co.Court of Appeals for the Fifth Circuit · 1995
- In Re Winstar Communications, Inc.United States Bankruptcy Court, D. Delaware · 2005
5 more not listed; retrieve them via the Exa API.