Legal Opinion

Pension Benefit Guaranty Corp. v. Falcon Products, Inc.

Court of Appeals for the Eighth Circuit

Decided August 15, 2007No. 06-3728PublishedCited by 21 opinions

1Opinion of the Court

SHEPHERD, Circuit Judge.

Under the Employee Retirement Income Security Act (“ERISA”), an employer seeking reorganization in Chapter 11 bankruptcy may petition the bankruptcy court for termination of a pension plan if the employer can meet certain requirements, including, as relevant here, demonstrating to the court that it would be unable to pay its debts unless the pension plan is terminated. See 29 U.S.C. § 1341 (c)(2)(B)(ii)(IV). The Pension Benefit Guarantee Corporation (“PBGC”) appeals the district court’s 1 decision affirming the bankruptcy court’s 2 termination approval of three Falcon…

2Cases cited7 opinions

  1. In Re Kaiser Aluminum Corporation, Debtor. Pension Benefit Guaranty CorporationCourt of Appeals for the Third Circuit · 2006
  2. Educational Credit Management Corp. v. ReynoldsCourt of Appeals for the Eighth Circuit · 2006
  3. Larry Land v. Washington County, MinnesotaCourt of Appeals for the Eighth Circuit · 2001
  4. United States v. Unit No. 7 & Unit No. 8 of Shop in the Grove CondominiumCourt of Appeals for the Eighth Circuit · 1989
  5. In Re Wire Rope Corp. of America, Inc.United States Bankruptcy Court, W.D. Missouri · 2002

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Fix v. First State Bank of RoscoeCourt of Appeals for the Eighth Circuit · 2009
  2. Rent-A-Center East, Inc. v. Leonard (In Re WEB2B Payment Solutions, Inc.)Court of Appeals for the Eighth Circuit · 2016
  3. In Re KnudsenDistrict Court, N.D. Iowa · 2008
  4. First Security Bank & Trust Co. v. VegtDistrict Court, N.D. Iowa · 2014
  5. Chad Menter Hill v. James L. SnyderCourt of Appeals for the Eighth Circuit · 2019

16 more not listed; retrieve them via the Exa API.

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