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IN RE ROBERT PLAN CORP.

Docket No. 14-1144.

777 F.3d 594 (2015)

In the Matter of ROBERT PLAN CORPORATION, Debtor. Kenneth Kirschenbaum, Chapter 7 Trustee of the Estate of the Robert Plan Corporation, Trustee-Appellant, v. United States Department of Labor, Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 5, 2015.

Attorney(s) appearing for the Case

Steven B. Sheinwald ( Kenneth Kirschenbaum , Stacy R. Spector , Michael A. Sabella , on the brief), Kirschenbaum & Kirschenbaum, P.C., Garden City, NY, for Trustee-Appellant.

Leonard H. Gerson , Trial Attorney ( M. Patricia Smith , Solicitor of Labor, Nathaniel I. Spiller , Counsel for Appellate and Special Litigation, G. William Scott , Associate Solicitor for Plan Benefits Security, on the brief), United States Department of Labor, Washington, DC, for Appellee.

Before: KATZMANN, Chief Judge, and LOHIER and DRONEY, Circuit Judges.

The issue we are asked to consider in this appeal is whether bankruptcy courts have jurisdiction to award compensation to a Chapter 7 bankruptcy trustee and his retained professionals out of assets in a 401(k) plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"). We conclude that they do not. Accordingly, we affirm...

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