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PENSION TRANSFER CORP. v. BENEFICIARIES

No. CIV.A.99-115 JJF.

319 B.R. 76 (2005)

PENSION TRANSFER CORP., Plaintiff, v. BENEFICIARIES UNDER THE THIRD AMENDMENT TO FRUHAUF TRAILER CORPORATION RETIREMENT PLAN NO. 003, Defendants, and Fruehauf Trailer Corporation Retirement Plan, Plan No. 003, Nominal Defendant.

United States District Court, D. Delaware.

January 7, 2005.

Attorney(s) appearing for the Case

William H. Sudell, Jr., Esquire, Derek C. Abbott, Esquire, and Gregory T. Donilon, Esquire of Morris, Nichols, Arsht & Tunnell, Wilmington, DE, Of Counsel: James W. Perkins, Esquire, of Greenberg Traurig, LLP, New York, NY, for Plaintiff.

Edward M. McNally, Esquire, and Linda Martin Gilchrist, Esquire, of Morris, James, Hitchens & Williams LLP, Wilmington, DE, Of Counsel: Kevin L. King, Esquire, of King, Krehbiel, Hellmich, Hentz & Borbonus, LLC, St. Louis, MO, for Defendants.

Bayard J. Snyder, Esquire, of Snyder & Associates, P.A., Wilmington, DE, for Nominal Defendant Fruehauf Trailer Corporation Retirement Plan, Plan No. 003.

OPINION

FARNAN, District Judge.

This is an action brought by Pension Transfer Corporation to declare an amendment to a pension plan a fraudulent transfer pursuant to Section 548 of the Bankruptcy Code and, as such, void in whole or in part. For the reasons discussed, the Court concludes that the amendment to the pension plan constituted a fraudulent transfer.

BACKGROUND

I. Parties

Fruehauf Trailer Corporation ("Fruehauf...

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