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IN RE FALCON PRODUCTS, INC.

No. 06-3728.

497 F.3d 838 (2007)

In re FALCON PRODUCTS, INC., a Delaware Corporation, Debtor. Pension Benefit Guaranty Corporation, Appellant, v. Falcon Products, Inc., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 15, 2007.

Attorney(s) appearing for the Case

Karen L. Morris, argued, Assoc. Chief Counsel, Office of the Chief Counsel, Pension Benefit Guaranty Corp., Washington, D.C., Gennice D. Brickhouse, William McCarron, Jr., Cassandra R. Burton, and Craig T. Fessenden, on the brief, for appellant.

Jeffrey C. Krause, argued, Andrew M. Parlen, Los Angeles, CA, Mark V. Bossi, Brian W. Hockett, St. Louis, MO, and Harold J. Ashner, Washington, DC, on the brief, for appellee.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Under the Employee Retirement Income Security Act ("ERISA"), an employer seeking reorganization in Chapter 11 bankruptcy may petition the bankruptcy court for termination of a pension plan if the employer can meet certain requirements, including, as relevant here, demonstrating to the court that it would be unable to pay its debts unless the pension plan is terminated. See 29 U.S.C. § 1341(c)(2)(B)(ii)(IV). The Pension Benefit...

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