The panel affirmed the district court’s order affirming the judgment of the bankruptcy court in an adversary proceeding regarding the dischargeability in bankruptcy of a construction industry contractor’s “withdrawal liability” to a pension fund following the expiration of the collective bargaining agreement under which the fund was administered.
The Court found that the debt did not qualify as a debt created by a defalcation by a fiduciary rather, it was a statutory obligation and was different from contractual obligations under the collective bargaining agreement.
Carpenters Trust Fund v. Moxley
Thanks for sharing the idea there would be some apprehensions from segment but i am up for it.
ReplyDeleteThank you for the comment. Contractors are "living" through a very difficult time out here in Las Vegas. I hope your company continues to be successful. Best regards. Brian
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