Skip to main content

Radcliffe v. International Painters & Allied Trades Ind. Pension Fund (In re Radcliffe)

Radcliffe v. International Painters & Allied Trades Ind. Pension Fund (In re Radcliffe)

Ruling
Pension fund's failure to pay debtor regular monthly benefits constituted a willful violation of stay.
Procedural posture

Plaintiff debtor sought a determination against defendant pension fund that actions undertaken by the fund as to pension benefits payable to debtor under a qualified plan constituted a violation of the automatic stay of 11 U.S.C. § 362(a). Pending was a motion of the fund, deemed by the court to request review of matters addressed in the court's March 17, 2007 order prior to entry of final judgment. The fund sought relief from stay.

ABI Membership is required to access the full summary of Radcliffe v. International Painters & Allied Trades Ind. Pension Fund (In re Radcliffe) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on July 19, 2007 , LexisNexis #0907-023