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[Download] "Trustees of Amalgamated Insurance Fund v. Mcfarlins Inc." by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free

Trustees of Amalgamated Insurance Fund v. Mcfarlins Inc.

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eBook details

  • Title: Trustees of Amalgamated Insurance Fund v. Mcfarlins Inc.
  • Author : United States Court of Appeals for the Second Circuit
  • Release Date : January 10, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 76 KB

Description

The Trustee of the Amalgamated Insurance Fund ("The Fund") appeal from an order of the Western District of New York, Michael A. Telesca, Judge, affirming without opinion a decision of Judge Edward D. Hayes of the bankruptcy court (reported at 46 Bankr. 88 (1985) in the Chapter 11 bankruptcy of McFarlins Inc. The decision held that "withdrawal liability" incurred by McFarlins under the Multiemployer Pension Plan Amendments Act (MPPAA), 29 U.S.C. §§ 1381(a) et seq., must be asserted by the Fund as a general unsecured claim and hence is not entitled to propriety as an expense of administering the estate under the Bankruptcy Code 11 U.S.C. § 507, or under the MPPAA. We affirm.


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