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New Cases For the Week of April 20, 2009 - April 24, 2009
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| April 24, 2009 |
Case |
Court |
Holding |
In re Radcliffe
(DBN Subscription Required) |
7th Cir. |
Where, pre-petition, a company president personally guaranteed the company's delinquent pension plan contributions, the pension plan willfully violated the automatic stay in the president's subsequent bankruptcy when it notified him that it would offset his pension benefits against his guarantee debt. Nor was an "administrative freeze" of benefit payments warranted. The bankruptcy court did not err in awarding compensatory and punitive damages. |
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