United States Third Circuit

A decision in a bankruptcy case finding that payouts under an amendment to a pension plan would be a fraudulent transfer under 11 U.S.C. section 548 which the plan administrator could avoid is affirmed over claims of error regarding: 1) a determination that the administrator had a cognizable property interest in a pension plan surplus; 2) the proper test for fraudulent transfers; and 3) assignment of the burden of proof.

Appellate Information

• Argued 01/09/2006
• Decided 04/12/2006
• Published 04/12/2006

Judges

• AMBRO, Circuit Judge., Before BARRY and AMBRO, Circuit Judges, and DEBEVOISE, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Edward M. McNally, (Argued), Morris, James, Hitchens & Williams, Wilmington, DE, for Appellant.


• For Appellees:
  
• James W. Perkins, (Argued), Greenberg Traurig, New York, NY, for Appellee.