These sponsors are not named in the pension plan. 2242, 119 L. Ed. 2d 519 (1992). Since insurance companies are in the business of selling contracts, not acting as trustees, it was necessary for them to obtain an exception from ERISA's general rule that plan assets were to be held in trusts.
, The trustee filed a notice of proposed sale and motion to sell free and clear of liens on April 5, 2002 (a copy was sent to Old Kent, Beneficial, and others by regular mail), and thereafter sold the property to the Debtors for $15, 000, a sum that paid all allowed claims and expenses in full.
, ECMC contends that the evidence does not support the bankruptcy court's determination that Oyler met the three factors of the Brunner-Cheesman test and that the court incorrectly applied the test by placing a great deal of weight on the fact that the loans were for an education in the ministry.
, Debtor, Kerri Elizabeth Morton, appeals the bankruptcy court's order overruling her objection to several proofs of claim (Objection) filed in a chapter 13 case originally filed on behalf of Debtor and her then husband, Richard Wayne Morton (Morton). No evidence was adduced at the hearing.
Irving, Ltd. (In re Gibson Group, Inc.), 66 F.3d 1436 (6th Cir.1995) is effectively overruled by the Supreme Court case of Hartford Underwriters Ins.
Nevertheless, the bankruptcy court approved the motion which stated the terms of employment and the fee arrangement upon which CMC was willing to represent Airspect, as follows:, Fees, other than expenses, are to be paid on a contingency basis and are subject to approval by this court.
