DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063728P.pdf 08/15/2007 Pension Benefit G. v. Falcon Products
U.S. Court of Appeals Case No: 06-3728
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Shepherd, Author, with Murphy and Benton, Circuit
Judges]
Bankruptcy - ERISA. Termination of three pension plans in Chapter 11
bankruptcy petition is affirmed. Bankruptcy court's determination that
three pension plans could be considered in the aggregate and that
employer met the reorganization test is affirmed. Court need not address
whether ERISA mandates plan-by-plan approach or aggregate approach
because without cash infusion which requires termination of plans,
business would be forced to liquidate.