Restaurant, No. 94-4696, 1995 WL 442143, at *4 (S.D.N.Y. Jul. 26, 1995); Connors v. Paybra Mining Co., 807 F.Supp. 1242, 1246 (S.D.W.Va.1992). Another court in this district held that unremitted contributions were “assets” based on the agreement’s provision that “[t]itle to all of the money, property, and income ... accrued to the fund shall be vested in and remain exclusively in the board of trastees of the fund,” where “accrued to” was synonymous with “due and owing.” PMTA-ILA 1995 WL 461269, at *4. However, the language in the Trust Documents in this case is not as clear. 4. The Trust Documents protect the “Trust Fund” from liabilities of employers and other entities, indicating that the Trust Fund is an “asset.” See United States v. Panepinto, 818 F.Supp. 48, 51 (E.D.N.Y.1993) (<HOLDING>). Thus, it is significant whether unremitted
holding that a court may not enter an injunction freezing assets in action for damages where there is no equitable interest in frozen assets holding that a limited partner does not have an interest right or title in the assets of the partnership holding that it is proper to award prejudgment interest at the legal rate from the date the monies were due under the contract holding that professionals who advised the plan were not fiduciaries because they had no decision making authority over the plan or plan assets also noting that the power to act for the plan is essential to status as a fiduciary holding that where agreement stated that the employer shall not have any legal or equitable right title or interest in certain monies such monies were plan assets