Willcox v. Stroup (10/27/06 – No. 06-1179)In case involving the ownership of papers from the administrations of two governors of South Carolina during the Civil War, holding that the State failed to establish that the papers constituted public property under state law of the Civil War era, is affirmed as the long possession of the papers by the debtor’s and defendants’ family creates a presumption of ownership in their favor and the State has adduced insufficient evidence to defeat this presumption.
In circumstances where, prior to filing bankruptcy, bankruptcy debtors were involved in an automobile accident, judgment on the pleadings for an insurer is affirmed where the insurer, via a subrogation clause in bankruptcy debtors’ insurance policy, acquired a pre-petition interest in the first $3,000 the debtors may obtain from an underlying defendant in a personal injury suit.
In Re: United Air Lines, Inc. (06-2780)Dismissal of a challenge to the reorganization plan for United Airlines by an association of its retired pilots on grounds of “ripeness” is reversed, but the challenge fails on the merits where the retired pilots’ claim that they are entitled to benefits in proportion to those of active pilots fails because the retired pilots’ bargaining position justified the level at which their benefits were capped in the reorganization plan.
In appeals re disposition of pension plan for United Airline pilots as part of the company’s reorganization, Pension Benefit Guaranty Corporation’s (PBGC) appeal dismissed where it requested advisory opinion. District court’s judgment terminating pilot pension plan as of December 30, 2004 is affirmed where the agreement between United and its pilots represented an unreasonable increase in PBGC’s liability, and an order requiring United to place funds for payment of supplemental benefits after the agreed upon termination date in a segregated fund while court deliberated the issue; remanded with instructions to enter a judgment allowing United to reclaim the contents of the segregated fund.