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IN RE BUCCI

No. 06-4164.

493 F.3d 635 (2007)

In re Charles S. BUCCI, Debtor. Board of Trustees of the Ohio Carpenters' Pension Fund on Behalf of the Ohio Carpenters' Pension Fund, et al., Appellants, v. Charles S. Bucci, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 3, 2007.

Attorney(s) appearing for the Case

ARGUED: Richard L. Stoper, Jr., Rotatori, Bender, Gragel, Stoper & Alexander Co., Cleveland, Ohio, for Appellants. Keith L. Borders, Rauser & Associates Legal Clinic Co., Cleveland, Ohio, for Appellee. ON BRIEF: Richard L. Stoper, Jr., Rotatori, Bender, Gragel, Stoper & Alexander Co., Cleveland, Ohio, for Appellants. Keith L. Borders, Rauser & Associates Legal Clinic Co., Cleveland, Ohio, for Appellee.

Before: MARTIN and SUTTON, Circuit Judges; GRAHAM, District Judge.

OPINION

GRAHAM, District Judge.

This action presents the question of whether the United States Bankruptcy Code excludes from discharge a debt that an employer owes for failing to contribute to employee benefit funds. Debtor Charles S. Bucci signed a collective bargaining agreement in 2003 requiring his company, Floors by Bucci, Inc., to make monthly contributions to pension and fringe benefit funds. Bucci admits that he failed to contribute to the funds...

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