United States Third Circuit

When an employer in Chapter 11 bankruptcy seeks to terminate multiple pension plans voluntarily under the "reorganization test," Congress intended the bankruptcy courts to apply the test to all of the plans in the aggregate, as opposed to each plan independently.

Appellate Information

• Argued 04/03/2006
• Decided 07/26/2006
• Published 07/26/2006

Judges

• Before RENDELL, SMITH and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• James L. Eggeman, Charles L. Finke, [Argued], Pension Benefit Guaranty Corporation, Washington, DC, for Appellant.


• For Appellees:
  
• Daniel J. DeFranceschi, Richards, Layton & Finger, Wilmington, DE, Gregory M. Gordon, [Argued], Daniel P. Winikka, Dallas, TX, for Appellees.