In a decision that comes as welcome news to some employers, the Ninth Circuit Court of Appeals recently ruled that an employer that incurred withdrawal liability to a multiemployer pension plan had not become a plan fiduciary by failing to pay the withdrawal liability, and could discharge that liability in bankruptcy.
USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Trucker Huss APC, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Debtor, Fiduciary, Bankruptcy discharge, Ninth Circuit