United States Eighth Circuit

A decision in Chapter 11 bankruptcy proceedings terminating three pension plans is affirmed where: 1) it was unnecessary for the court to address whether ERISA mandates a plan-by-plan or aggregate approach to the Reorganization Test; and 2) the bankruptcy court correctly decided that, under section 1341, termination of all three pension plans was warranted as the debtor company could not survive outside of Chapter 11 bankruptcy without the $50 million investment which was conditioned on termination of the pension plans.

Appellate Information

• Decided 08/15/2007
• Published 08/15/2007

Judges

• SHEPHERD, Circuit Judge., Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Karen L. Morris, argued, Assoc. Chief Counsel, Office of the Chief Counsel, Pension Benefit Guaranty Corp., Washington, D.C., Gennice D. Brickhouse, William McCarron, Jr., Cassandra R. Burton, and Craig T. Fessenden, on the brief, for appellant.


• For Appellees:
  
• Jeffrey C. Krause, argued, Andrew M. Parlen, Los Angeles, CA, Mark V. Bossi, Brian W. Hockett, St. Louis, MO, and Harold J. Ashner, Washington, DC, on the brief, for appellee.