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IN RE HALPIN

Docket Nos. 07-3206-bk (L); 07-3234-bk (Con).

566 F.3d 286 (2009)

In re William C. HALPIN, Jr. Donald Rahm, Lawrence Spraragen, Joseph Gross, Philip Pacifico, Vincent J. Daley, Donald Hart, Plaintiffs-Appellants, v. William C. Halpin, Jr., Debtor-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 11, 2009.

Attorney(s) appearing for the Case

William Pozefsky, Pozefsky, Bramley & Murphy, Albany, NY, for Plaintiffs-Appellants.

Brian P. Rohan, Rohan & Associates, Albany, NY, for Debtor-Appellee.

Gregory F. Jacob, Timothy D. Hauser, Nathaniel I. Spiller, & Bruce C. Canetti, United States Department of Labor, Amicus Curiae in Response to the Court's Request.

Before B.D. PARKER, LIVINGSTON, Circuit Judges, CHIN, District Judge.

B.D. Parker, Jr., Circuit Judge:

This appeal presents a question of law: when do an employer's contributions to an employee benefit plan become "assets" under ERISA—when the contributions become due, or only after they are paid? We hold that, in the absence of provisions to the contrary in the relevant plan documents, unpaid contributions are not assets of the plan.

BACKGROUND

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