IN RE MURRAY

Bankruptcy No. 89-12251-WCH.

169 B.R. 263 (1994)

In re David W. MURRAY, d/b/a Erin Foods, Debtor. Stewart F. GROSSMAN, Trustee, Plaintiff, v. NEW ENGLAND TEAMSTERS & TRUCKING INDUSTRY PENSION FUND, Defendant.

United States Bankruptcy Court, D. Massachusetts.

June 27, 1994.


Attorney(s) appearing for the Case

Randall E. Nash, Grady & Dwyer, Boston, MA, for New England Teamsters and Trucking Industry Pension Fund.

Stewart F. Grossman, Allen H. Forbes, Looney & Grossman, Boston, MA, for trustee.


DECISION

WILLIAM C. HILLMAN, Bankruptcy Judge.

This matter was submitted for decision on an agreed statement of facts, memoranda, and oral argument. The sole issue before the court is whether the insolvency limitation set forth in 29 U.S.C. § 1405(b) applies in the circumstances of this case.

Agreed Facts and Conclusions of Law

I adopt the following agreements of the parties as my findings of fact and, to the extent included...

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