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Case Citations 1 (July 2017 through April 2018)

handle is hein.ali/rettgp2425 and id is 1 raw text is: TRUSTS 3D Generally M.D.Pa.Bkrtcy.Ct.2017. Cit. generally in disc. In an adversary proceeding for nondischargeability under the Bankruptcy Code of a debt arising from the deaths of owner's pregnant mare and foal while they were boarded with Chapter 13 debtor, this court granted in part and denied in part debtor's motion to dismiss owner's amended complaint. In dismissing owner's cause of action under the Code's fiduciary exception, the court noted that federal and Pennsylvania state courts utilized the Restatement Third of Trusts in rendering decisions concerning trust provisions. In re Demeza, 570 B.R. 33, 42. W.D.Wash.Bkrtcy.Ct.2017. Cit. generally in sup. In an action brought by trustee of Chapter 7 debtor/ nonprofit charity to allow state attorney general's partial claim against debtor for breach of fiduciary duty, this court granted partial summary judgment for trustee, holding that the donated funds at issue were held in trust for public charitable purpose with debtor as trustee, and remanded for an evidentiary hearing as to whether debtor's conduct violated its fiduciary duty and whether board member was a trustee. The court noted that Washington courts looked to the Restatement Third of Trusts as persuasive authority. In re Breast Cancer Prevention Fund, 574 B.R. 193, 216, 218. Foreword C.A.3, 2017. Foreword quot. in disc. Retired vice-president brought an action against his former employer who funded and administered an ERISA pension plan, seeking a declaration that defendant miscalculated his average by basing it on a pay rate deemed to be in effect at retirement. The district court granted defendant's motion for summary judgment. This court affirmed, holding that defendant's interpretation of the plan was reasonable, because the plan was ambiguous as to the calculation of final compensation for disabled participants, plaintiff s position was counterintuitive, and any conflict of interest did not affect defendant's decision. The court noted that ERISA used the language and terminology of trust law, and quoted the Foreword to Restatement Third of Trusts in explaining that courts applied a deferential approach to an administrator's decisions on plan terms, which was consistent with the principle of trust law to accomplish the settlor's intentions. Dowling v. Pension Plan for Salaried Employees of Union Pacific Corporation and Affiliates, 871 F.3d 239, 246. PART 1. NATURE, CHARACTERISTICS, AND TYPES OF TRUSTS CHAPTER 1. DEFINITIONS AND DISTINCTIONS Introductory Note C.A.3, 2017. Intro. Note quot. in ftn. Retired vice-president brought an action against his former employer who funded and administered an ERISA pension plan, seeking a declaration that defendant For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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