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Carpenters Pension Trust Fund v. Moxley

Ruling
As ERISA withdrawal liability was statutory and not a fund asset, it was not created via fiduciary defalcation and was dischargeable.
Issue(s)
Was withdrawal liability under ERISA created via fiduciary defalcation.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 20, 2013 , LexisNexis #0913-044

Schafer v. Nextiraone Fed. LLC

Ruling
Adversary proceeding that could alter debtor's rights and impact administration was related to debtor's bankruptcy.
Procedural posture

Defendant filed a motion to withdraw the reference under 28 U.S.C.S. § 157(d). Chapter 7 trustee opposed the motion.

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Commercial opinion summary, case decided on June 18, 2012 , LexisNexis #0712-065

Ivester v. Miller

Ruling
Bankruptcy court did not err in denying relief from stay to allow creditor to pursue prepetition state court action.
Procedural posture

Appellant attachment lienors challenged a decision of the Bankruptcy Court for the Middle District of North Carolina, which denied the lienors relief from the automatic stay of 11 U.S.C.S. § 362 in order to prosecute a pre-petition state court action against the debtor.

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Consumer opinion summary, case decided on December 04, 2008 , LexisNexis #0109-072