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Ninth Circuit Issues Decision on Multiemployer Plan Obligations

Yesterday, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Carpenters Pension Trust Fund v. Moxley, No. 11-16133 (9th Cir., Aug. 20, 2013), holding that withdrawal liability is a debt that can be discharged in bankruptcy.  The Court rejected the pension fund’s assertion that because its trust agreement defined delinquent contributions as plan assets, the employer was a fiduciary who could not discharge the withdrawal liability obligation because of a “defalcation” exception in the Bankruptcy Code.  The case is noteworthy because it addresses a...

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Format: 2014-10-31
Format: 2014-10-31