§1109

§ 1109(b) (identifying the debtor as a “party in interest” in a chapter 11 bankruptcy proceeding). 4 the present dispute centers on whether the bankruptcy court’s confirmation of petitioners’ chapter 11 bankruptcy plan acted to grant a discharge, or as a denial of a discharge, to petitioners for purposes of terminating the automatic stay with this

Austin, Mr. Faber, and Mr. Hoehn (the successor trustee) all credibly testified that they understood their fiduciary obligations to the ESOP. When called upon to vote on the 2003 sale ofUMLIC S-Corp.'s assets to Holdings, the ESOP retained outside counsel that diligently protected its interests. In advance of that vote, petitioners r

Austin, Mr. Faber, and Mr. Hoehn (the successor trustee) all credibly testified that they understood their fiduciary obligations to the ESOP. When called upon to vote on the 2003 sale ofUMLIC S-Corp.'s assets to Holdings, the ESOP retained outside counsel that diligently protected its interests. In advance of that vote, petitioners r

It would appear that in a participant-directed plan ERISA section 404(c)(1) exculpates from part 4 potential liability a participant exercising control over the account assets, and any person who would otherwise be considered a fiduciary is relieved from the liability under part 4 of ERISA for any loss resulting from the participant’s

section 1109(a), against self-dealing by fiduciaries. The complaint against Walckner for breach of fiduciary duties was dismissed because it contained no factual allegations that he was a fiduciary. The District Court made no finding as to Walckner's status as a fiduciary; rather, it noted that the complaint alleged no facts to support the assertio