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Pension plan termination premium claims may not be dischargeable in bankruptcy

Lowenstein Sandler PC
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USA
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December 21 2009

The Supreme Court declines to review a circuit court decision in Oneida Ltd., which held that a debtor cannot discharge in bankruptcy, as a prepetition claim, premiums it owes to the Pension Benefit Guaranty Corporation in connection with the termination of a pension plan

Insolvency exclusion bars coverage for claims due to underfunded employee benefit plans

Wiley Rein LLP
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USA
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December 7 2011

A federal district court, applying Pennsylvania law, has held that the insolvency exclusion in an insurance agency’s professional liability policy excused the insurer from the duty to defend the agency in lawsuits alleging that it had caused employee benefit plans that it created to be underfunded

US bankruptcy automatic stay thwarts UK proceedings by the Pension Regulator

Dentons
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United Kingdom, USA
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January 23 2012

On December 29, 2011, the US Court of Appeals for the Third Circuit issued an opinion in the chapter 11 bankruptcy case In re Nortel Networks, Inc., holding that the "automatic stay" on creditor collection actions outside the bankruptcy applied to prevent the UK Pension Protection Fund and the Trustee of the UK Nortel Pension Plan from participating in UK pensions proceedings initiated by the UK Pensions Regulator

PBGC asks bankruptcy court to treat prior sale of interest in debtor as prohibited attempt to evade ERISA pension liability

Duane Morris LLP
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USA
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June 22 2012

The Pension Benefit Guaranty Corporation (PBGC) filed an objection on June 14, 2012, in the Delaware bankruptcy court proceedings of RG Steel ("Debtor"), challenging a recent sale by RG Steel's parent entity ("Parent") of a 25-percent ownership stake in the Debtor

Stockton, California, ruling: bankruptcy court powerless to prevent retiree benefit reductions by municipal debtor

Jones Day
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USA
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December 1 2012

Amid the economic hardships brought upon us by the Great Recession, the plight of cities, towns, and other municipalities across the U.S. has received a significant amount of media exposure

Does your firm's standard lien language create a possibility that your customer IRAs may lose their tax exempt status and protection from third-party creditors?

Greenberg Traurig LLP
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USA
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February 27 2012

It is not uncommon for firms to use standard language in their account agreements that creates liens on Individual Retirement Accounts (IRAs

DOL expects to focus on health care and fiduciary issues in coming months

Katten Muchin Rosenman LLP
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USA
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February 28 2012

On January 20, the DOL made its semiannual regulatory agenda and regulatory plan statement available on its website

Weathering the storm: recent decision creates additional cash requirements to reorganize

Haynes and Boone LLP
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USA
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April 30 2009

On April 8, 2009, the Second Circuit Court of Appeals issued a ruling that creates an additional hurdle for companies providing single-employer pension funds when seeking to reorganize through a bankruptcy

Weathering the storm: retiree benefits and Section 1114

Haynes and Boone LLP
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USA
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May 27 2009

Retiree benefits are often a central issue in bankruptcy cases

Court interprets “retiree benefits” under bankruptcy law without reference to ERISA

Pillsbury Winthrop Shaw Pittman LLP
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USA
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October 15 2009

The Bankruptcy Court for the District of Delaware has issued a decision concluding that company-paid medical coverage offered as part of an employee severance package is a "retiree benefit" that cannot be unilaterally modified by the company in bankruptcy, except as provided under Section 1114 of the Bankruptcy Code

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Pension plan termination premium claims may not be dischargeable in bankruptcy

Insolvency exclusion bars coverage for claims due to underfunded employee benefit plans

US bankruptcy automatic stay thwarts UK proceedings by the Pension Regulator

PBGC asks bankruptcy court to treat prior sale of interest in debtor as prohibited attempt to evade ERISA pension liability

Stockton, California, ruling: bankruptcy court powerless to prevent retiree benefit reductions by municipal debtor

Does your firm's standard lien language create a possibility that your customer IRAs may lose their tax exempt status and protection from third-party creditors?

DOL expects to focus on health care and fiduciary issues in coming months

Weathering the storm: recent decision creates additional cash requirements to reorganize

Weathering the storm: retiree benefits and Section 1114

Court interprets “retiree benefits” under bankruptcy law without reference to ERISA

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