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IN RE FRUEHAUF TRAILER CORP.

No. 05-1374.

444 F.3d 203 (2006)

In re: FRUEHAUF TRAILER CORPORATION, Debtor Pension Transfer Corp. v. Beneficiaries Under the Third Amendment to Fruehauf Trailer Corporation Retirement Plan No. 003; Fruehauf Trailer Corporation Retirement Plan, Plan No. 003 Beneficiaries Under the Third Amendment to Fruehauf Trailer Corporation Retirement Plan No. 003, and Steven F. Hollrah and Steve Havens, as Class Representatives, Appellants.

United States Court of Appeals, Third Circuit.

Filed April 12, 2006.

Attorney(s) appearing for the Case

Edward M. McNally, (Argued), Morris, James, Hitchens & Williams, Wilmington, DE, for Appellant.

James W. Perkins, (Argued), Greenberg Traurig, New York, NY, for Appellee.

Before BARRY and AMBRO, Circuit Judges, and DEBEVOISE, District Judge.

AMBRO, Circuit Judge.

In this appeal we consider again the meaning and scope of the Bankruptcy Code's fraudulent transfer provisions in 11 U.S.C. § 548(a)(1). In particular, we review the District Court's determinations that: (1) a debtor's right to a surplus generated by a pension plan is a property interest; (2) an amendment to that pension plan that irrevocably decreases the surplus is a transfer of the property interest; and (3) the value surrendered and...

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