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Bos v. Board of Trs.

Ruling
Unpaid ERISA plan contributions were dischargeable as to debtor company owner who was not a plan fiduciary.
Issue(s)
Whether an employer's contractual requirement to contribute to an employee benefits trust fund makes it a fiduciary of unpaid contributions, resulting in nondischargeable debt for unpaid contributions?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 30, 2015 , LexisNexis #0815-118

Firemans Fund Ins. Co. v. Plant Insulation Co. (In re Plant Insulation Co.)

Ruling
Confirmation reversed due to improper treatment of future asbestos claimants.
Issue(s)
Did plan establishing trust to be funded by insurance proceeds and securities in the reorganized debtor satisfy the requirement that a court-appointed fiduciary stand in for future asbestos claimants to ensure fairness to them.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 28, 2013 , LexisNexis #1113-084

United States v. Hall

Ruling
District court erred in reversing bankruptcy court ruling sustaining IRS objection to plan that would not have paid taxes in full from proceeds of sale of farm.
Procedural posture

United States challenged a decision of the District Court for the District of Arizona reversing the bankruptcy court's decision, which sustained the IRS's objection to appellee chapter 12 debtor's plan of reorganization.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 16, 2010 , LexisNexis #0910-025

McKay v. Ingleson

Ruling
University student account and deferral agreement was a nondischargeable student loan which creditor could collect without violating discharge injunction.
Procedural posture

Appellant debtor sought review of a judgment from the District Court for the District of Oregon affirming the bankruptcy court's ruling in the debtor's adversary proceeding that appellee university did not violate the discharge injunction under 11 U.S.C.S. § 524 when it obtained a default judgment in state court to recover the amounts owed under the debtor's student financial agreement with the university.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 23, 2009 , LexisNexis #0409-029