Bankruptcy Update

Withdrawal Liability, Dischargeability and Fiduciary Duty

, The Legal Intelligencer


On August 20, in Carpenters Pension Trust Fund for Northern California v. Moxley, --- F.3d --- (9th Cir. 2013), the U.S. Court of Appeals for the Ninth Circuit affirmed the decisions of the U.S. District Court for the Northern District of California and the U.S. Bankruptcy Court for the Northern District of California, both of which had held that an individual could properly receive a bankruptcy discharge for "withdrawal liability" owed to a pension fund under the Employee Retirement Income Security Act (ERISA).

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