BOARD OF TRUSTEES v. ELITE ERECTORS, INC.

No. IP-98-298-CH/G.

46 F.Supp.2d 852 (1999)

BOARD OF TRUSTEES, SHEET METAL WORKERS' NATIONAL PENSION FUND; Board of Trustees, National Training Fund For the Sheet Metal and Air Conditioning Industry; Board of Trustees, National Energy Management Institute Committee; Board of Trustees, Sheet Metal Occupational Health Institute Trust Fund; and Board of Trustees, Sheet Metal Workers' International Association Scholarship Fund, Plaintiffs, v. ELITE ERECTORS, INC., Skylight Consultants of America, Inc., and Mary Lowry, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

February 9, 1999.


Attorney(s) appearing for the Case

Brian D. Black, Office of General Counsel Sheet Metal Workers' National Pension, Alexandria, VA.

Christopher A. Poling, Kunz & Opperman, Indianapolis, IN.

Bret S. Clement, Buschmann Carr & Shanks, Indianapolis, IN.


ENTRY ON DEFENDANTS' MOTION TO SET ASIDE JUDGMENT

HAMILTON, District Judge.

This case presents a practical problem in collecting debts under the Employee Retirement Income Security Act of 1974 (ERISA). When an employer owes money to a multi-employer benefit plan but is essentially judgment-proof, the trustees of the plan may try to collect the debt from the employer's officers or affiliated companies by piercing the corporate veil. The problem presented...

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