PENSION BENEFIT GUARANTY CORP. v. 50509 MARINE LLC

No. 19-14968.

981 F.3d 927 (2020)

PENSION BENEFIT GUARANTY CORPORATION, Plaintiff-Appellee, v. 50509 MARINE LLC, AMH Government Services, LLC, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 24, 2020.


Attorney(s) appearing for the Case

Merrill D. Boone , Paula J. Connelly , Simon J. Torres , Pension Benefit Guaranty Corporation, Office of the Chief Counsel, Washington, DC, for Plaintiff-Appellee.

Douglas C. Broeker , Sweetapple Brucker & Varkas, PL, Miami, FL, Jeffrey B. Cohen , Bailey & Ehrenberg, PLLC, Washington, DC, Robert J. Hauser , Pankauski Hauser Lazarus, PLLC, W Palm Beach, FL, for Defendants-Appellants 50509 Marine LLC, AMH Government Services, LLC, American Marine Holdings, LLC, Baja Marine, Inc., Buffalo Power Electronics Center, Inc., Donzi Marine, LLC, Fountain Dealers Factory Super Store, Inc., Fountain Powerboat Industries, Inc., Fountain Powerboats, LLC, Liberty Acquisitions, FPB, LLC, Liberty Analytical Corporation, Liberty Associates, LC, Liberty Polyglass, Inc., Liberty Properties At Bedford, LLC, Liberty Properties At Carey, LLC, Liberty Park Financial, LLC, Pro-Line Boats, LLC, Pro-Line of North Carolina, Inc.

Robert J. Hauser , Pankauski Hauser Lazarus, PLLC, W Palm Beach, FL, for Defendant-Appellant Palmetto Park Financial LLC.

Douglas C. Broeker , Sweetapple Broeker & Varkas, PL, Miami, FL, Robert J. Hauser , Pankauski Hauser Lazarus, PLLC, W Palm Beach, FL, for Defendant-Appellant Bedford Materials Company, Inc.

Before MARTIN, ROSENBAUM, and TALLMAN, Circuit Judges.


From the confluence of bankruptcy, employee benefits, and corporations law comes this most unusual case. The answer to a seemingly simple but surprisingly complex question controls our disposition: Did the Liberty Lighting Company exist in July 2012? Liberty was an Illinois corporation that went bankrupt and dissolved under...

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