Legal Filings

Legal filings, many of which are listed below, are submitted by PBGC in legal proceedings in support of our efforts to preserve and safeguard pensions.

2018

• Black v. PBGC, No. 09-13616 (E.D. Mich. Sept. 21, 2018) (PBGC’s motion for summary judgment) (arguing that (i) the termination of the pension plan by agreement was expressly authorized by ERISA, (ii) Delphi’s decision to terminate the pension plan was not a fiduciary decision, (iii) the agreed termination of the pension plan did not offend due process, and (iv) there were clear statutory grounds for PBGC to terminate the pension plan under 29 U.S.C. § 1342(a)).
• PBGC v. Metropolitan Washington Orthopaedic Ass’n, No. 18-1584 (D. Md. May 31, 2018) (Complaint for pension plan termination)
• In re Appvion, Inc., No. 17-12082 (Bankr. D. Del. May 29, 2018) (PBGC’s Motion for Reconsideration of Settlement Order)
• In re Appvion, No. 17-12082 (Bankr. D. Del. May 21, 2018) (PBGC’s limited objection to payment of administrative fees and expenses)
• In re New England Confectionery Company, Inc., No. 18-11217 (Bankr. D. Mass. May 18, 2018) (PBGC’s objection to debtor’s proposed sale of assets on the ground that the related releases are overbroad)
• In re Royal Automotive Co., No. 18-20218 (Bankr. S.D. W. Va. May 15, 2018) (PBGC’s limited objection to the debtor’s motion to establish asset sale procedures)
• PBGC v. Karp, No. 18-652 (S.D. Cal. May 11, 2018) (PBGC’s opposition to defendants’ ex parte motion to separate PBGC’s action against them into two separate cases)
• PBGC v. United Tool & Stamping Company of North Carolina, Inc., No. 17-3972 (D.N.J. Apr. 27, 2018) (PBGC’s motion to strike defendant’s affirmative defenses)
• In re RCA Rubber Co., No. 16-52757 (N.D. Ohio Apr. 26, 2018) (PBGC’s objection to debtor’s asset sale motion, which contains overbroad releases and which singles out PBGC for disparate treatment)
• In re Cenveo, Inc., No. 18-22178 (Bankr. E.D.N.Y. Apr. 25, 2018) (PBGC’s objection to the debtor’s disclosure statement because of its inadequate information about possible termination of the debtor’s pension plans)
• PBGC v. Mizrachi, et al., No. 18-1926 (E.D.N.Y. Mar. 29, 2018) (PBGC’s complaint to collect termination liability relating to defendant’s pension plan)
• PBGC v. Leif Alfred Torkelsen, No. 18-90031 (Bankr. M.D. Tenn. Mar. 5, 2018) (PBGC’s adversary complaint under 11 U.S.C. § 523 to determine dischargeability of debt arising from alleged breach of fiduciary duty)
• In re KII Liquidating, Inc., No. 17-11101 (Bankr. D. Del. Feb. 20, 2018) (PBGC’s objection to debtor’s disclosure statement on grounds, inter alia, that it contains overbroad releases, inadequate information about disputed claims, and no reserve against disputed claims)
• PBGC v. Booke & Co., No. 18-1409 (S.D.N.Y. Feb. 16, 2018) (Complaint for pension plan termination)
• PBGC v. Idaho Hyperbarics, Inc., No. 16-325 (D. Idaho Jan. 12, 2018) (PBGC’s motion for summary judgment on defendant’s liability for its obligations to pension plan participants in the wake of a standard termination of its pension plan)

2017

• In re Werthan Packaging, Inc., No. 16-8624 (Bankr. M.D. Tenn. Dec. 13, 2017) (PBGC’s response to debtor’s claim objection, noting that the nominal objection is well taken under ERISA and supplying the proper statutory grounds for it)
• PBGC v. State Automatic Heating & Cooling Corp., No. 17-8774 (N.D. Ill. Dec. 6, 2017) (PBGC’s action to recover amounts owing to pension plan participants in the wake of a standard termination that had discrepancies)
• In re Nortel Networks, Inc., No. 09-10138 (Bankr. D. Del. Dec. 1, 2017) (PBGC’s joinder in debtors’ objection to individual claims for pension benefits, because such claims may be asserted only against the terminated pension plan)
• PBGC v. Fay Constr., No. 17-2733 (E.D. Pa. July 25, 2017) (PBGC’s motion for default judgment in potential mandatory termination case under 29 U.S.C. § 1342)
• PBGC v. Findlay Indus., No. 17-3520 (6th Cir. July 10, 2017) (PBGC’s Brief of Appellant, arguing that a business trust that is under common control with the plan sponsor is a “trade or business” for purposes of termination liability, and that the purchaser of Findlay’s assets has common-law successor liability for Findlay’s pension plan)
• Lewis v. PBGC, No. 15-1328 (D.D.C. June 26, 2017) (PBGC’S cross motion for summary judgment, arguing that its benefit allocation scheme was lawful and that its benefit determinations to a group of pilots were accurate and should be sustained)
• PBGC v. National Piano Inst. Corp., No. 16-61355 (S.D. Fla. June 16, 2017) (PBGC’s motion for summary judgment, asserting that there are no factual or legal issues regarding the defendant’s termination liability for its pension plan)
• Lewis v. PBGC, No. 17-5068 (D.C. Cir. June 5, 2017) (PBGC’s Brief of Appellant, arguing that the district court’s expansive ruling below misapprehended in several respects the limitations that ERISA imposes on plaintiffs’ remedies against PBGC)
• Kramer v. Kramer, No. 71C01-510-PL-292 (St. Joseph Cty. (Ind.) Cir. Ct. Apr. 25, 2017) (PBGC’s motion to intervene in the case to correct an error in the calculation of damages, and to note that one party’s proposed assignment of pension benefits is prohibited by ERISA’s anti-alienation provisions)
• In re Hancock Fabrics, Inc., No. 16-10296 (Bankr. D. Del. Apr. 14, 2017) (objecting to the debtors’ disclosure statement on grounds that it failed to provide adequate information about the basis and the probable impact of the debtors’ proposed substantive consolidation)
• PBGC v. Findlay Indus., No. 17-302 (6th Cir. Mar. 20, 2017) (PBGC’s petition for permission to appeal the district court’s interlocutory orders dismissing certain counts of PBGC’s complaint for pension plan termination liability)

2016

• PBGC v. Smith, No. 16-2617 (Bankr. M.D. Tenn. Dec. 1, 2016) (PBGC’s complaint under Bankruptcy Code section 523 to establish nondischargeability of debts to PBGC based on the debtor’s fiduciary breach)
• In re International Shipholding Corp., No. 16-12220 (Bankr. S.D.N.Y. Nov. 9, 2016) (PBGC’s reservation of rights as to a Restructuring Support Agreement that fails to advise the court and interested parties whether the Debtor will assume, or seek termination of, its single employer pension plan)
• In re Associated Third Party Administrators, No. 16-23679 (Bankr. C.D. Cal. Nov. 2, 2016) (PBGC’s reservation of rights as to Debtor’s motion to use cash collateral, noting that PBGC’s valid liens under I.R.C. §§ 412 and 430 extend to the Debtor’s cash)
• In re Durango Georgia Paper Co., No. 02-21669 (Bankr. S.D. Ga. Oct. 26, 2016) (PBGC's response to the debtor's objection to PBGC's claim for unfunded benefit liabilities, rebutting the debtor's argument that the claim should be calculated using a nonstatutory method instead of the method required by ERISA)
• In re Nortel Networks, Inc., No. 09-10138 (Bankr. D. Del. Oct. 18, 2016) (PBGC's joinder in the debtor's objection to claims of individual pension plan participants, arguing that PBGC owns the entire claim for a terminated pension plan’s underfunding)
• In re Nortel Networks, Inc., No. 09-10138 (Bankr. D. Del. Oct. 18, 2016) (PBGC's response to the debtor's motion for authorization to enter into an escrow agreement to "facilitate global settlement," arguing that the alleged settlement is not "global" and calls for improper substantive consolidation, and that the court lacks jurisdiction over the motion while related matters are on appeal)
• In re Hancock Fabrics, Inc., No. 16-10296 (Bankr. D. Del. Oct. 17, 2016) (PBGC's objection to the debtor's motion for authorization to enter into a modified pension plan termination agreement with PBGC, stating that PBGC will not enter into the agreement as modified, and noting that the bankruptcy court probably lacks jurisdiction over the motion)
• PBGC v. Idaho Hyperbarics, Inc., No. 16-325 (D. Idaho Sept. 30, 2016) (PBGC’s response to motion to dismiss, refuting the plan sponsor’s argument that PBGC’s action to enforce the standard termination provisions of ERISA was time barred)
• PBGC v. Eber-Connecticut, LLC, No. 16-1549 (D. Conn. Sept. 13, 2016) (PBGC’s Complaint to collect statutory liability for pension plan, including foreclosing on PBGC’s perfected liens on property of Defendant’s controlled group)
• In re Vertellus Specialties, Inc., No. 16-11290 (Bankr. D. Del. Aug. 31, 2016) (PBGC’s motion under FRCP 60 and Bankr. R. 9024 to amend the DIP financing order on the ground that it mistakenly encumbered the assets of “excluded” debtors who were not parties to relevant prepetition loan agreements)
• In re Sea Island Co., No. 10-21034 (Bankr. S.D. Ga. Aug. 30, 2016) (PBGC’s response to Liquidation Trustee’s objections to PBGC’s claims, arguing that PBGC’s claims calculations were correct, and that the statutory scheme under which the claims were calculated is valid and should be enforced by the court)
• PBGC v. Idaho Hyperbarics, Inc., No. 16-325 (D. Idaho Jul. 21, 2016) (PBGC's Complaint to correct irregularities and underpayments in defendant's standard termination of its pension plan)
• PBGC v. Four Star Pizza, No. 16-1045 (W.D. Pa. Jul. 15, 2016) (PBGC's Complaint for pension plan termination)
• Baptist Healing Hospital Trust v. PBGC, No. 16-22 (M.D. Tenn. Jul. 5, 2015) (PBGC's response to the Trust's Objections to the Magistrate's recommendation that the Trust's action against PBGC be dismissed)
• PBGC v. National Piano Inst. Corp., No. 16-61355 (S.D. Fla. June 22, 2016) (PBGC's complaint to collect termination liabilities from the plan sponsor and a controlled group member)
• In re Constellation Enterprises, LLC, No. 16-11213 (Bankr. D. Del. June 8, 2016) (PBGC's objection to debtor's proposed asset sale procedures on the ground that they do not allow for the possibility of an asset purchaser assuming the debtor's pension plans)
• In re Sea Island Co., No. 10-21034 (Bankr. S.D. Ga. June 7, 2016) (PBGC's objection to debtor's unwarranted request for a Rule 2004 examination of PBGC in connection with its claims against debtor)
• In re Nortel Networks, Inc., No. 09-10138 (Bankr. D. Del. June 3, 2016) (PBGC's statement acquiescing in proposed interim distribution and requesting that language be added to the proposed order to protect the status of PBGC's claims under PBGC's stipulation with the debtor)
• PBGC v. Ghassemi (In re Ghassemi), Adv. No. 16-1077 (Bankr. E.D. Va. May 16, 2016) (Complaint for nondischarge of debt under Bankruptcy Code section 524 because of alleged breach of fiduciary duty, and for setoff of damages against the fiduciary's benefits under the pension plan)
• In re PBGC and Baptist Healing Hospital Trust, No. 01‐15‐0004‐4509 (American Arbitration Ass'n May 13, 2016) (Brewer, Arb.) (PBGC's objection to defendant's unwarranted and unauthorized request for further delays in established discovery schedule)
• PBGC v. Travelers Aid Society of Metropolitan Detroit, No. 16-11497 (E.D. Mich. Apr. 26, 2016) (PBGC's complaint for liabilities arising under Title IV of ERISA in connection with the termination of the defendant's pension plan)
• PBGC v. Dunham Bush, Inc., No. 16-507 (D. Conn. Mar. 30, 2016) (Complaint for pension plan termination)
• In re White Way Sign & Maint. Co., No. 14-40855 (Bankr. N.D. Ill. Mar. 30, 2016) (PBGC's request for allowance of administrative expense for pension plan termination insurance premiums arising after the petition date)
• In re Molycorp, Inc., No. 15-11357 (Bankr. D. Del. Mar. 23, 2016) (PBGC's objection to debtor's proposed plan of reorganization on the ground that it unlawfully attempts to exculpate third party nondebtors from liability under the pension laws)
• In re Noranda Aluminum, Inc., No. 16-10083 (Bankr. E.D. Mo. Mar. 14, 2016) (PBGC's objection to proposed asset sale procedures on the ground that they do not allow for the possibility of an asset purchaser assuming the debtor's pension plans)
• PBGC v. Ace Remas LLC, No. 16-110 (D. Nev. Feb. 29, 2016) (Complaint for pension plan termination)
• PBGC v. Optimum Applied Systems, Inc., No. 16-1103 (S.D.N.Y. Feb. 12, 2016) (PBGC’s Complaint to recover installment payments due to PBGC under a 2012 settlement agreement relating to defendant’s defective standard termination of its pension plan)
• In re Buckingham Oil Interests, Inc., No. 15-13441 (Bankr. D. Mass. Feb. 9, 2016) (PBGC’s protective objection noting agreed language in debtor's proposed plan of reorganization that excepts from discharge any PBGC claims relating to the debtor's pension plan)
• Baptist Healing Hospital Trust v. PBGC, No. 16-0022 (M.D. Tenn. Feb. 9, 2016) (motion of PBGC to dismiss Complaint for improper venue, or alternatively to transfer case to federal court in the District of Columbia)
• In re Buckingham Oil Interests, No. 15-13441 (Bankr. D. Mass. Jan. 28, 2016) (PBGC’s objection to debtor’s plan of reorganization on grounds that it improperly releases non-debtor third parties and violates the absolute priority rule)
• In re Shelley Food Stores, Inc. II, No. 15-23535 (Bankr. S.D.N.Y. Jan. 21, 2016) (PBGC’s objection on various grounds to debtor’s proposed private sale of assets)
• In re James River Coal Co., No. 14-31848 (Bankr. E.D. Va. Jan. 15, 2016) (PBGC’s response to Debtor’s objection to claims, arguing that the amount of PBGC’s claims for premiums and unfunded benefit liabilities was dictated by statute rather than Debtor’s books)
• In re RB Liquidation, Inc., No. 15-10534 (Bankr. D. Mass. Jan. 11, 2016) (PBGC’S response in support of Debtor’s objection to claims, arguing that after a pension plan terminates, only PBGC has standing to assert claims for benefit liabilities)

2015

• Nestor v. PBGC (In re Posner), No. 3D-15-1453 (Fla. Dist. Ct. App. Dec. 21, 2015) (PBGC’s Answer Brief, arguing on various grounds that the Probate Court was well within its discretion to remove Appellant as Executor of Posner’s estate)
• PBGC v. Quinn Restaurant Corp., No. 15-5449 (E.D.N.Y. Dec. 17, 2015) (amended complaint for liability under Title IV of ERISA and for foreclosure on related liens)
• PBGC v. Findlay Indus., No. 15-1421 (N.D. Ohio Dec. 9, 2015) (PBGC’s motion to strike certain affirmative defenses advanced by defendants in response to PBGC’s Complaint to enforce plan termination liability)
• In re Molycorp, Inc., No. 15-11357 (Bankr. D. Del. Dec. 1, 2015) (PBGC’s objection to the debtor’s proposed Disclosure Statement)
• In re Molycorp, Inc., No. 15-11357 (Bankr. D. Del. Nov. 24, 2015) (PBGC’s objection to the debtor’s proposed asset sale procedures on the ground that they deter potential purchasers from assuming all or part of the debtor’s pension plan)
• PBGC v. Peppone Corp., No. 15-9018 (C.D. Cal. Nov. 17, 2015) (PBGC’s Complaint to require defendants to make additional distributions to participants to correct discrepancies discovered in PBGC’s post-termination audit of the pension plan)
• PBGC v. Titan Int’l, Inc., No. 15-3312 (C.D. Ill. Nov. 4, 2015) (complaint [redacted] to recover benefits from a successor employer in the wake of a distress termination under ERISA § 4041 that neglected to account for a participant’s benefits under the plan)
• PBGC v. Lubman, No. 16-659 (E.D. Va. Nov. 3, 2015) (Complaint for Pension Plan termination)
• In re Gift Box Corp. of America, No. MRS-P-1128-2014 (N.J. Super. Ct. Ch. Div. Nov. 3, 2015) (arguing, in the context of an assignment for the benefit of creditors, that creditor Brownstone put forth virtually no evidence to support that he made more than $2 million in loans to the debtor, and that if he did make any advances, they were capital infusions rather than loans)
• In re SRC Liquidation Company, No. 15-10541 (Bankr. D. Del. Nov. 2, 2015) (PBGC’s objection to debtor’s plan of reorganization on the ground that the plan impermissibly attempts to exculpate non-debtor third parties from individual liability contrary to section 524 of the Bankruptcy Code)
• FDIC v. FBOP Corporation, No. 14-4307 (N.D. Ill. Oct. 21, 2015) (Intervenor PBGC’s response to FDIC’s motion to dismiss, arguing that the Department of the Treasury inadvertently paid PBGC’s agreed tax offset to the failed bank rather than to PBGC)
• Lewis v. PBGC, No. 15‑1328 (D.D.C. Oct. 16, 2015) (PBGC's partial opposition to plaintiff's motion to amend the fiduciary breach count of his complaint, on the ground that the count is a disguised claim for additional benefits and would therefore not survive a motion to dismiss, even if amended) 
• In re New York Military Academy, No. 15‑35379 (Bankr. S.D.N.Y. Oct. 2, 2015) (PBGC's Motion for Order to Show Cause why PBGC should not be granted immediate access to all pension‑related documents in light of the imminent termination of the debtor's pension plan) 
• PBGC v. TTOD Liquidation, Inc. f/k/a/ Dott Indus., Inc., No. 15‑13278 (E.D. Mich. Sept. 16, 2015) (PBGC's Complaint for declaratory relief and for authorization to draw upon letter of credit) 
• PBGC v. Findlay Indus., Inc., No. 15‑1421 (N.D. Ohio Aug. 27, 2015) (PBGC's Complaint to collect employer liability under Title IV of ERISA) 
• In re Arizona Neurological Institute, No. 14-17602 (Bankr. D. Ariz. Aug. 24, 2015) (PBGC’s limited objection to Debtor’s plan of reorganization on grounds that PBGC’s audit of the Debtor’s pension plan was ongoing and the Debtor’s plan of reorganization had not sufficiently reserved assets to cover pension liabilities)
• In re Cain Lithographers, Inc., No. 14‑3646 (Bankr. S.D. Miss. Aug. 18, 2015) (PBGC's limited objections to Debtor's disclosure statement)
• In re Energy Futures Holding Corp., No. 14‑10979 (Bankr. D. Del. Aug. 17, 2015) (Objection to Debtors' amended Disclosure Statement Accompanying Third‑Amended Proposed Plan of Reorganization) 
• PBGC v. Eber Bros. Wine & Liquor Corp., No. 15‑6283 (W.D.N.Y. Aug. 17, 2015) (Complaint for Pension Plan termination)
• Durango‑Georgia Paper Co. v. PBGC, Adv. No. 15‑9009 (Bankr. S.D. Ga. Aug. 11, 2015) (PBGC's motion to dismiss Durango's complaint for equitable subordination)
• In re The Great Atlantic & Pacific Tea Company, Inc., No. 15‑2741 (Bankr. S.D.N.Y. Aug. 5, 2015) (PBGC's Objections to Debtor's Proposed Bid Procedures) (arguing that the proposed procedures are unnecessarily hasty and unreasonably deter prospective asset purchasers from assuming the Debtor's pension plans)
• In re Bommarito, No. 12‑4311 (Bankr. D. Ariz. Aug. 4, 2015) (PBGC's Complaint for fiduciary breach against former administrator of terminated pension plan)
• In re L.I.S. Custom Designs, Inc., No. 15‑70662 (Bankr. E.D.N.Y. Jul. 21, 2015) (discussing the legal standards of the "reorganization in bankruptcy" test for distress termination of a pension plan under 29 U.S.C. § 1341)

• Fisher v. PBGC, No. 14‑1275 (D.D.C. June 26, 2015) (PBGC's opposition to motion for discovery) (arguing that interim discovery under Rule 56(d) is generally unavailable against a federal agency and is inappropriate in this case)

• PBGC v. Notman, No. 14‑2230 (Bankr. E.D. Cal. June 23, 2015) (PBGC's opposition to motion to set aside default judgment) (arguing that PBGC would be prejudiced by granting defendants' motion after months of unresponsiveness in both this action and in a related bankruptcy proceeding)

• In re Arizona Neurological Inst., PC, No. 14-17602 (Bankr. D. Ariz. May 12, 2015) (PBGC's limited objection to the debtor's disclosure statement)

• PBGC v. Eber Bros. Wine & Liquor Corp., No. 15‑6283 (W.D.N.Y. May 11, 2015) (Complaint for Pension Plan Termination)

• Fisher v. PBGC, No. 14-1275 (D.D.C. May 4, 2015) (memorandum in support of PBGC's Cross Motion for Summary Judgment)

• Lewis v. PBGC, No. 14‑3838 (N.D. Ga. Feb. 20, 2015) (memorandum of law in support of PBGC’s motion to dismiss plaintiff’s complaint)

• In re Boardwalk & Baseball, Inc., No. 14‑317 (Bankr. M.D. Fla. Feb. 12, 2015) (PBGC’s motion to enforce terms of order confirming joint plan of reorganization)
• In re Johnson Mem’l Med. Ctr., No. 15‑20056 (Bankr. D. Conn. Feb. 12, 2015) (objection to motion to sell debtor’s assets free and clear of encumbrances, including PBGC’s secured interest)
• PBGC v. Asset Manager, Inc., No. 14‑62302 (S.D. Fla. Jan. 21, 2015) (PBGC’s motion for summary judgment, seeking enforcement of PBGC’s determinations to seek termination of a pension plan and become trustee thereof, and to establish the pension plan’s termination date)
• Cox Enter., Inc. v. News‑Journal Corp., No. 14‑14115 (11th Cir. Jan. 14, 2015) (Brief of Appellee PBGC, arguing that courts have no general equitable power to override statutory mandates, and that Cox's attempt to relitigate issues already decided in this case is inappropriate) 

• In re Exide Techs., No. 13‑11482 (Bankr. D. Del. Jan. 2, 2015) (limited objection of PBGC to disclosure statement, disputing descriptions of treatment of PBGC's claims and availability of third‑party releases)

2014

• Estate of Pasucci v. PBGC, No. 14‑7974 (D.N.J. Dec. 29, 2014) (motion to dismiss or, alternatively, to transfer venue)
• US Airline Pilots Ass'n v. PBGC, No. 14‑5181 (D.C. Cir. Dec. 29, 2014) (Brief of Appellee) (urging affirmance of the district court's conclusions that PBGC did not breach any duty to investigate the pension plan's prior investments or actuarial assumptions)
• PBGC v. Endodontic Specialists of Colo., No. 14‑1163 (D. Colo. Dec. 5, 2014) (Brief in support of PBGC's determinations in connection with the standard termination of defendant's pension plan) 
• FDIC v. FBOP Corp., No. 14‑4307 (N.D. Ill. Dec. 5, 2014) (Intervenor PBGC's Opposition to FBOP's motion for judgment on the pleadings regarding PBGC's claim for offset of a tax refund) 
• In re Reichhold Holdings US, Inc., No. 14‑12237 (D. Del. Nov. 25, 2014) (Objection to debtor's motion to sell substantially all its assets, and request for modification of debtor's proposed bidding procedures) 
• PBGC v. Excel Plus Home Health Svcs., No. 14‑1860 (C.D. Cal. Nov. 24, 2014) (Complaint for Pension Plan Termination) 
• PBGC v. W Property Resources, No. 14‑4981 (S.D.N.Y. Nov. 24, 2014) (Complaint for Pension Plan Termination) 
• PBGC v. Thomas O'Rourke Gallagher, Inc., No. 14‑6554 (E.D.N.Y. Nov. 6, 2014) (Complaint for Pension Plan Termination) 
• PBGC v. Retirement Comm. of Reichhold, Inc., No. 14‑872 (M.D.N.C. Oct. 17, 2014) (Complaint for Pension Plan Termination) 
• In re Tactical Intermediate Holdings, No. 14-11659 (Bankr. D. Del. Oct. 16, 2014) (Response of PBGC to Debtor’s Objection to Claims) 
• PBGC v. Ocean Label, Inc., No. 14‑1129 (N.D. Cal. Oct. 7, 2014) (Motion for Default Judgment) 
• PBGC v. Asset Manager, Inc. (In re APL/NVF Consol. Pension Plan), No. 14-62302 (S.D. Fla. Oct. 6, 2014) (Complaint for Pension Plan Termination) 
• PBGC v. Del's Flooring Contractors, No. 14‑1999 (C.D. Cal. Sept. 25, 2014) (Complaint for Nonpayment of Statutory Liability for Missing Participants) 
• Cox Enters., Inc. v. News‑Journal Corp., No. 04‑698 (M.D. Fla. Sept. 25, 2014) (PBGC's Response & Memorandum of Law in Opposition to Cox's Motion to Show Cause) (suggesting lack of jurisdiction during pendency of appeal) 
• PBGC v. Amos Eby Co., No. 13‑6977 (E.D. Pa. Sept. 11, 2014) (Motion for Default Judgment) 
• In re Bay Area Fin. Corp., No. 13‑38974 (Bankr. C.D. Cal. Sept. 8, 2014) (Motion to Allow Late‑Filed Claims) 
• Cox Enters., Inc. v. News Journal Corp., No. 04‑698 (M.D. Fla. Sept. 5, 2014) (PBGC's Response & Memorandum of Law in Opposition to Cox's Emergency Motion for Stay) 
• PBGC v. Kentucky Bancshares, Inc., No. 14‑5573 (6^th Cir. Sept. 4, 2014) (Brief of Plaintiff‑Appellee PBGC) 
• FDIC v. FBOP Corp., No. 14‑4307 (N.D. Ill. Sept. 3, 2014) (Complaint of Plaintiff‑Intervenor PBGC) 
• In re Conco, Inc., No. 12‑34933 (Bankr. W.D. Ky. Aug. 25, 2014) (Objection of PBGC to Debtor's Motion for Order Approving Debtor's Non‑Insider KERP) 
• In re Robert E. Derecktor, Inc., No. 12‑22393 (Bankr. S.D.N.Y. Aug. 25, 2014) (Limited Objection of PBGC to First Amended POR) 
• In re Scicom Data Svcs., No. 13‑43894 (Bankr. D. Minn. Aug. 25, 2014) (Response of PBGC to U.S. Trustee's Motion to Dismiss or Convert) 
• In re PBGC, No. 14‑2072 (6th Cir. Aug. 21, 2014) (PBGC's Petition for Writ of Mandamus) 
• In re PBGC, No. 14‑2072 (6^th Cir. Aug. 21, 2014) (PBGC's Emergency Motion for Stay Pending Appeal of Privilege Waiver Order) 
• PBGC v. The Renco Group, No. 13‑621 (S.D.N.Y. Aug. 15, 2014) (PBGC's Reply in Support of Motion for Summary Judgment) 
• Black v. PBGC, No. 09‑13616 (E.D. Mich. Aug. 15, 2014) (PBGC's Reply in Support of Motion to Certify Privilege Waiver Order for Appeal and Request for Stay) 
• PBGC v. Notman (In re Notman), No. 14‑24824 (Bankr. E.D. Cal. Aug. 7, 2014) (Nondischargeability Complaint) 
• PBGC v. Neptune, Inc., No. 14‑135 (W.D.N.C. Aug. 7, 2014) (Complaint for Pension Plan Termination) 
• PBGC v. Endodontic Specialists of Colo., No. 14‑1163 (D. Colo. Aug. 6, 2014) (PBGC's Reply in Support of Motion to Sever or Try Separately Third‑Party Claims) 
• FDIC v. FBOP Corp., No. 14‑4307 (N.D. Ill. Aug. 5, 2014) (Reply in Support of PBGC's Motion to Intervene) 
• PBGC v. Edmonds (In re Edmonds), No. 14‑60920 (Bankr. N.D. Ohio Aug. 1, 2014) (Nondischargeability Complaint) 
• Black v. PBGC, No. 09‑13616 (E.D. Mich. July 23, 2014) (PBGC's Motion to Certify Privilege Waiver Order for Appeal and Request for Stay) 
• PBGC v. Evans Tempcon, Inc., No. 14‑782 (W.D. Mich. July 22, 2014) (Complaint for Liability for Minimum Funding Contributions) 
• PBGC v. The Renco Group, No. 13‑621 (S.D.N.Y. July 18, 2014) (Opposition to Defendant's Motion for Summary Judgment) 
• In re Robert E. Derecktor, Inc., No. 12‑22393 (Bankr. S.D.N.Y. July 17, 2014) (Objection of PBGC to Debtor's Disclosure Statement) 
• FDIC v. FBOP Corp., No. 14‑4307 (N.D. Ill. July 8, 2014) (PBGC's Motion to Intervene) 
• PBGC v. The Office Supply Place, No. 13‑4805 (C.D. Cal. July 7, 2014) (Motion for Default Judgment) 
• In re Mundy Ranch, Inc., No. 12‑13015 (Bankr. D. N.M. July 3, 2014) (PBGC's Objection to Debtor's Second Amended POR) 
• PBGC v. Endodontic Specialists of Colo., No. 14‑1163 (D. Colo. July 1, 2014) (PBGC's Motion to Sever or Try Separately Third Party Claims) 
• PBGC v. Obsidian Enters., No. 14‑436 (S.D. Ind. June 23, 2014) (Motion for Default Judgment) 
• PBGC v. The Renco Group, No. 13­‑621 (S.D.N.Y. June 20, 2014) (PBGC's Motion for Summary Judgment) 
• PBGC v. Shelby Business Forms, No. 13‑266 (S.D. Ohio June 17, 2014) (Amended Complaint for Statutory Liability) 
• In re MPM Silicones, LLC, No. 14‑22503 (Bankr. S.D.N.Y. June 13, 2014) (Limited Objection of PBGC to the Debtor's Disclosure Statement) 
• In re The Budd Company, No. 14‑11873 (Bankr. N.D. Ill. June 9, 2014) (PBGC's Statement in Support of Debtor's Motion to Approve Settlement Agreement) 
• Davis v. PBGC, No. 13‑1280 (U.S. June 2, 2014) (Brief in Opposition to Petition for Writ of Certiorari) 
• In re Royal Crown Bottling Co. of Chicago, No. 12‑1988 (Bankr. N.D. Ill. May 27, 2014) (Limited Objection of PBGC to Trustee's Motion for Authorization to Abandon Property) 
• In re Interfaith Med. Ctr., No. 12‑48226 (Bankr. E.D.N.Y. May 5, 2014) (Objection of PBGC to Debtor's First Amended POR) 
• PBGC v. Endodontic Specialists of Colo., No. 14‑1163 (D. Colo. Apr. 24, 2014) (Complaint for Enforcement of Standard Termination Provisions of Title IV of ERISA) 
• Cox Enters., Inc. v. News Journal Corp., No. 04‑698 (M.D. Fla. Apr. 17, 2014) (PBGC's Response to Cox's Objection to Report & Recommendation) 
• In re Revstone Indus., LLC, No. 12‑13262 (Bankr. D. Del. Apr. 16, 2014) (PBGC's Joinder in Debtor's Omnibus Reply and Second Supplemental Response in Support of Motions of Revstone  et al. for Order Approving Settlement Agreement with PBGC) 
• PBGC v. Asahi Tec Corp., No. 10‑1936 (D.D.C. Apr. 14, 2014) (Reply in Support of PBGC's Motion for Summary Judgment on Damages) 
• Deppenbrook v. PBGC, No. 13‑5254 (D.C. Cir. Apr. 7, 2014) (Brief of Appellee PBGC) 
• PBGC v. FBI Wind Down, No. 14‑449 (E.D. Mo. Apr. 7, 2014) (PBGC's Memorandum in Support of Motion to Adjourn Hearing) 
• In re Hardwick Clothes, Inc., No. 13‑16079 (Bankr. E.D. Tenn. April 3, 2014) (Objection of PBGC to Debtor's Motion for Order Authorizing Sale of Assets, Approving Stalking Horse Expense Reimbursements, and Authorizing Assumption and Assignment of Executory Contracts and Unexpired Leases) 
• In re Interfaith Medical Center, No. 12‑48226 (Bankr. E.D.N.Y. Apr. 2, 2014) (Objection of PBGC to Debtor's Disclosure Statement) 
• In re Revstone Indus., LLC, No. 12‑13262 (Bankr. D. Del. Mar. 20, 2014) (Supplemental Response of PBGC to Preliminary Objection of Boston Finance Group to Claims and Proposed Settlement) 
• PBGC v. Obsidian Enters., No. 14‑436 (S.D. Ind. Mar. 19, 2014) (Complaint for Pension Plan Termination) 
• PBGC v. FBI Wind Down, No. 14‑449 (E.D. Mo. Mar. 13, 2014) (Motion for Order to Show Cause Why the Furniture Brands Ret. Plan Should Not Be Terminated) 
• PBGC v. Ocean Label, Inc., No. 14‑1129 (N.D. Cal. Mar. 11, 2014) (Complaint for Pension Plan Termination) 
• Royal Oak Enters., LLC v. PBGC, No. 13‑1040 (D.D.C. Mar. 10, 2014) (PBGC's Reply in Support of Motion for Summary Judgment) 
• In re Long Beach Med. Ctr., No. 14‑70593 (Bankr. E.D.N.Y. Mar. 7, 2014) (Limited Objection of PBGC to Debtor's Motion for Order Approving Bidding Procedures for Sale of Debtor's Real Estate and Designated Personal Property) 
• PBGC v. McPhee (In re McPhee), No. 13‑18208 (Bankr. N.D. Ohio Feb. 25, 2014) (Complaint to Recover Pension Overpayments) 
• Royal Oak Enters., LLC v. PBGC, No. 13‑1040 (D.D.C. Feb. 21, 2014) (PBGC's Opposition to Plaintiff's Motion for Summary Judgment) 
• Black v. PBGC, No. 09‑13616 (E.D. Mich. Feb. 19, 2014) (PBGC's Motion to Strike or, in the Alternative, Deny Plaintiffs' Motion Requesting that Judge Majzoub Dissolve the Partial Stay of Her August 21, 2013 Order) 
• Cox Enters. v. News‑Journal Corp., No. 04‑698 (M.D. Fla. Feb. 12, 2014) (PBGC's Post‑Trial Brief) 
• PBGC v. Lyons‑Ryan Ford Sales, No. 13‑8958 (N.D. Ill. Feb. 11, 2014) (Motion for Default Judgment) 
• PBGC v. Jellybean Prods., No. 14‑933 (S.D.N.Y. Feb. 10, 2014) (Petition of PBGC to Enforce Administrative Subpoena) 
• PBGC v. Asahi Tec Corp., No. 10‑1936 (D.D.C. Jan. 28, 2014) (Motion of PBGC for Summary Judgment on Damages) 
• In re Mundy Ranch, Inc., No. 12‑13015 (Bankr. D. N.M. Jan. 28, 2014) (PBGC's Objection to Debtor's Motion for Approval of Compromise) 
• Royal Oak Enters., LLC v. PBGC, No. 13‑1040 (D.D.C. Jan. 22, 2014) (PBGC's Motion for Summary Judgment) 
• Davis v. PBGC, No. 12‑5274 (D.C. Cir. Jan. 8, 2014) (Opposition of Appellee PBGC to Petition for Panel Rehearing or for Rehearing En Banc) 
• Cox Enters. v. News‑Journal Corp., No. 04‑698 (M.D. Fla. Jan. 8, 2014) (PBGC's Pre‑Trial Brief) 

2013

• PBGC v. Lyons‑Ryan Ford Sales, No. 13‑8958 (N.D. Ill. Dec. 16, 2013) (Complaint for termination of pension plan) 
• Durango‑Georgia Paper Co. v. H.G. Estate, No. 11‑15079 (11^th Cir. Dec. 9, 2013) (amicus curiae PBGC's invited letter brief addressing remedies under sections 4069 and 4070 of ERISA) 
• PBGC v. Kentucky Bancshares, No. 13‑143 (E.D. Ky. Dec. 9, 2013) (PBGC's Reply Brief on Motion for Summary Judgment and Response to Defendant's Cross-Motion for Summary Judgment) 
• In re Conco, Inc., No. 12‑34933 (Bankr. W.D. Ky. Dec. 3, 2013) (PBGC's Objection to Debtor's Disclosure Statement) 
• In re Conco, Inc., No. 12‑34933 (Bankr. W.D. Ky. Dec. 2, 2013) (PBGC's Objection to Debtor's Motion for a Ruling that Debtor Meets the Requirements for a Distress Termination of the Pension Plan) 
• In re TPOP, LLC [f/k/a/ Metavation, LLC], No. 13‑11831 (Bankr. D. Del. Nov. 20, 2013) (Motion of PBGC to Convert Bankruptcy Case from Chapter 11 to Chapter 7) 
• PBGC v. Saint‑Gobain Corp. Ben. Comm., No. 13‑2069 (E.D. Pa. Nov. 13, 2013) (Reply in Support of Motion for Stay Pending Appeal) 
• Cox Enters. v. News‑Journal Corp.>, No. 04‑698 (M.D. Fla. Nov. 5, 2013) (PBGC's Objection to Cox's Motion to Compel) 
• In re Edison Mission Energy, No. 12‑49219 (N.D. Ill. Nov. 5, 2013) (Limited Objection of PBGC to Debtor's Emergency Motion to Authorize Extension of Intercompany & Shared Services Arrangements & Other Benefit Plans) 
• Stephens v. PBGC, No. 13‑5129 (D.C. Cir. Oct. 29, 2013) (Brief of Appellee PBGC) 
• In re Rural/Metro Corp., No. 13‑11952 (Bankr. D. Del. Oct. 28, 2013) (PBGC's Limited Objection to Debtor's Disclosure Statement) 
• In re Mundy Ranch, Inc., No. 12‑13015 (Bankr. D. N.M. Oct. 25, 2013) (PBGC's Objection to Debtor's Motion for Approval of Distribution of Sale Proceeds) 
• PBGC v. Saint‑Gobain Corp. Ben. Comm.>, No. 13‑2069 (E.D. Pa. Oct. 17, 2013) (Motion for Certification of Interlocutory Appeal and for Stay Pending Appeal) 
• Cox Enters. v. News‑Journal Corp., No. 04‑698 (M.D. Fla. Oct. 15, 2013) (PBGC's Opposition to Cox's Motion for Reconsideration) 
• Black v. PBGC, No. 09‑13616 (E.D. Mich. Oct. 3, 2013) (PBGC's Reply in Support of Emergency Motion for Stay) 
• Davis v. PBGC, No. 12‑5274 (D.C. Cir. Sept. 30, 2013) (PBGC's Response to Appellants' Supplemental Brief) (Public Copy - Sealed Material Omitted) 
• In re Squire Corrugated Container Corp., No. 13‑19920 (Bankr. D. N.J. Sept. 16, 2013) (Objection of PBGC to Debtor's Dislosure Statement) 
• PBGC v. Saint‑Gobain Corp. Ben. Comm., No. 13‑2069 (E.D. Pa. Sept. 10, 2013) (PBGC's Opposition to Defendant's Motion for Partial Summary Judgment) (Opposing Defendant's proposed de novo standard of review and seeking establishment of deferential standard under section 706(2)(A) of the Administrative Procedure Act) 
• In re Revstone Indus., LLC, No. 12‑13262 (Bankr. D. Del. Sept. 9, 2013) (Objection and Reservation of Rights Regarding Debtor's Motion to Approve Release of Claims) 
• Black v. PBGC, No. 09‑13616 (E.D. Mich. Sept. 4, 2013) (PBGC's Emergency Motion for Stay) 
• Black v. PBGC, No. 09‑13616 (E.D. Mich. Sept. 4, 2013) (PBGC's Objections to Magistrate Judge's Order Granting in Part Plaintiffs' Rule 37 Motion to Enforce Court Order) 
• Davis v. PBGC, No. 12‑5274 (D.C. Cir. Sept. 3, 2013) (Supplemental Brief of Appellee PBGC) 
• Bill Johnson's Restaurants v. Plattner, Schneidman, Schneider, Jeffries & Plattner, P.C. (In re Bill Johnson's Restaurants), No. 11‑22441 (Bankr. D. Ariz. Sept. 3, 2013) (PBGC's Reply to Motion to Intervene) 
• JRM Constr. Mgmt., LLC v. Long Beach Med. Ctr., No. 601701/2013 (N.Y. Sup. Ct. Aug. 30, 2013) (Answer, Counterclaim, and Cross‑Claim of PBGC on behalf of Defendants Long Beach Medical Center Pension Plan and Komanoff Center for Geriatric and Rehabilitation Medicine Pension Plan) 
• Cox Enters. v. News‑Journal Corp., No. 04‑698 (M.D. Fla. Aug. 29, 2013) (Opposition to Cox's Motion to Compel) 
• PBGC v. Metavation, LLC, No. 13‑273 (E.D. Ky. Aug. 23, 2013) (Complaint for Pension Plan Termination) 
• PBGC v. 2011 Corp., No. 13‑5663 (C.D. Cal. Aug. 19, 2013) (PBGC's Ex Parte Application for Order to Show Cause Why the 2011 Corp. Defined Benefit Pension Plan Should Not Be Terminated) 
• In re Revstone Indus., LLC, No. 12‑13262 (Bankr. D. Del. Aug. 19, 2013) (Joinder of PBGC in the Objection of the Revstone Creditors' Committee to Debtor's Disclosure Statement) 
• In re Residential Capital, LLC, No. 12‑12020 (Bankr. S.D.N.Y. Aug. 8, 2013) (Limited Objection of PBGC to Disclosure Statement) 
• In re Revstone Indus., LLC, No. 12‑13262 (Bankr. D. Del. Aug. 2, 2013) (PBGC's Objection to Metavation's Motion to Approve Sale of Assets and Related Matters) 
• PBGC v. The Renco Group, No. 13‑621 (S.D.N.Y., July 17, 2013) (Opposition to Defendants' Partial Motion to Dismiss) (arguing that PBGC's ancillary state law claims sounding in fraud are not preempted by ERISA)
• PBGC v. Saint‑Gobain Corp. Benefits Committee, No. 13‑2069 (E.D. Pa., July 8, 2013) (opposing a motion to intervene in PBGC's plan termination action under 29 U.S.C. § 1342)
• PBGC v. Uforma/Shelby Business Forms, No. 13‑266 (S.D. Ohio, May 13, 2013) (response to motion to dismiss, arguing that defendants constituted an ERISA controlled group for liability purposes)
• H&R Convention & Catering Corp. v. Somerstein, No. 12-1475 (E.D.N.Y., Apr. 26, 2013) (brief in support of renewed motion to dismiss)
• Quality Automotive Servs. v. PBGC, No. 12‑1503 (D.D.C., Apr. 12, 2013) (motion for summary judgment on question of whether QAS withdrew from a multiemployer fund)
• US Airline Pilots Ass'n v. PBGC, No. 09‑1675 (D.D.C., Mar. 14, 2013) (post‑trial brief in benefit dispute)
• David v. Alphin, No. 11‑2181 (4^th Cir., Feb. 28, 2013) (brief amicus curiae in support of rehearing, arguing that plan participants' standing to sue for fiduciary breach should not have depended on the funding level of the plan)
• US Airline Pilots Ass'n v. PBGC, No. 09‑1675 (D.D.C., Feb. 8, 2013) (opposition to USAPA's motion to exclude certain expert witness testimony from evidence)
• Sun Capital Partners III v. New England Teamsters & Trucking Indus. Pens. Fund, No. 12‑2312 (1^st Cir., Feb. 5, 2013) (brief amicus curiae arguing that certain of Appellees' holdings should have been found to be trades or businesses for purposes of controlled group liability under ERISA)

2012

• In re AMR Corp et. al., No. 11-15463 (PBGC Statement filed December 14, 2012) (supporting American Airlines’ Motion for a finding that amending its pilots’ pension plan to eliminate lump-sum and installment forms of benefit is necessary to avoid a termination of the plan).
• PBGC v. Dewey & LeBoeuf LLP (S.D.N.Y. May 14, 2012) (complaint under 29 USC § 1342 for pension plan termination).

2011

• Letter from Israel Goldowitz, Chief Counsel, PBGC, to Brian Masumoto, Attorney Adviser, Office of the United States Trustee (Dec. 1, 2011) (requesting appointment to Official Committee of Unsecured Creditors of American Airlines and related entities)
• In re Harry & David Holdings, Inc., No. 11-10884 (Supplemental Opposition filed July 13, 2011) (arguing that the pension plan sponsor does not meet the requirements for a distress termination of the plan under 29 U.S.C. § 1341)
• US Airline Pilots Ass'n v. PBGC, No. 09­1675 (Motion for Judgment on the Pleadings or for Summary Judgment filed July 12, 2011) (arguing that plaintiffs' claims that PBGC violated its fiduciary duties are barred by the statute of limitations and fail on the merits, and that, in any event, plaintiffs are not entitled to injunctive relief)
  • PBGC Reply Brief (filed Aug. 31, 2011)
• FBOP Corp. v. PBGC, No. 11-cv-2782 (N.D. Ill. Jun. 9, 2011) (PBGC motion to dismiss FBOP’s amended complaint as duplicative of PBGC’s May 2011 amended complaint and otherwise not justiciable)
• In re Harry & David Holdings, Inc., No. 11-10884 (Bankr. D. Del. June 7, 2011) (Opposition of PBGC to Debtors’ motion for approval of a distress termination of its pension plan)
• PBGC, et al. v. Morgan Stanley Inv. Mgmt., No. 10-4497 (2nd Cir.) (Appellants’ Brief filed May 26, 2011) (seeking to reinstate complaint against pension plan’s investment manager for breach of fiduciary duties under ERISA and related state law causes of action)
  • PBGC Reply Brief (filed Aug. 12, 2011)
• In re Wolverine Tube, Inc., No. 10‑13522 (Bankr. D. Del. May 17, 2011) (response of PBGC to Debtor’s Motion for Approval of Distress Termination of Pension Plan)
• PBGC v. FBOP Corp (N.D.III.) (amended complaint filed May 20, 2011) (action to terminate pension plan under 29 U.S.C. § 1342)
  • FBOP Amended Complaint Exhibit 1