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Bankruptcy estate does not avoid control group status for withdrawal liability

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • February 28 2012

In 1999, Michael Cappy filed for bankruptcy protection

Inherited IRAs exempt from bankruptcy estate? Maybe; maybe not

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • June 29 2010

What is an inherited IRA?

Post bankruptcy petition withdrawal liability treated as administrative expense for priority purposes

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • August 30 2011

In what is described as a case of first impression, the U.S. Court of Appeals for the Third Circuit has determined that the portion of an employer’s withdrawal liability that is attributable to the period after the date of the petition for bankruptcy is an administrative expense and entitled to priority under bankruptcy law

PBGC finalizes rules for bankruptcy termination date

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • August 30 2011

Under the Pension Protection Act of 2006, the Employee Retirement Income Security Act of 1974 (ERISA) was amended to provide that the date a plan sponsor files a bankruptcy petition will be treated as the termination date when a defined benefit plan is terminated in bankruptcy

Keogh plan with qualification defects found to be exempt from bankruptcy estate

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • June 27 2012

Generally, retirement plan benefits are excluded from a bankruptcy estate