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United States Third Circuit


In Re: Marcal Paper Mills, Inc, 09-4574

In a dispute involving whether under the ERISA, as amended by the Multiemployer Pension Plan Amendments Act, the portion of withdrawal liability that is attributable to the post-petition time period constitutes an administrative expense entitled to priority under the Bankruptcy Code, judgment of the district court is affirmed where such withdrawal liability constitutes an administrative expense only if it can be fairly allocated to a post-petition period.

Appellate Information

  • Decided 06/16/2011
  • Published 06/16/2011

Judges

  • SLOVITER

Court

  • United States Third Circuit

Counsel

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