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Results: 11-20 of 120

Pennsylvania federal court addresses insolvency exclusion

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • December 1 2011

In its recent decision ACE Capital Ltd. v. Morgan Waldon Ins. Mgmt., LLC, 2011 U.S. Dist. LEXIS 135902 (W.D. Pa. Nov. 28, 2011), the United States District Court for the Western District of Pennsylvania had occasion to consider the scope of an insolvency exclusion in a professional liability policy

Section 363(f) retires ERISA-based successor liability claims

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 11 2014

As this Blog has discussed in a number of recent posts, free and clear sales under section 363(f) of the Bankruptcy Code often lead to disputes over

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

  • Jones Day
  • -
  • USA
  • -
  • 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

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

Private equity investment funds can now have pension liability for the obligations of portfolio companies

  • Haynes and Boone LLP
  • -
  • USA
  • -
  • August 9 2013

On July 24, 2013 the First Circuit Court of Appeals, applying an "investment plus" test, concluded that a Sun Capital private equity investment fund

The Eleventh Circuit clarifies the liability for a bankrupt company’s pension benefits

  • Smith Gambrell & Russell LLP
  • -
  • USA
  • -
  • January 7 2014

In Durango-Georgia Paper Co. v. H. G. Estate, LLC, Case No. 11-15079 (decided January 7, 2014), the Eleventh Circuit addressed what it defined as a

Third Circuit prohibits Visteon from terminating benefits plan in bankruptcy

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • September 22 2010

On July 13, 2010, a three-judge panel of the United States Court of Appeals for the Third Circuit unanimously held that auto-parts supplier Visteon Corporation could not terminate health and life insurance benefits for approximately 2,100 retirees during its chapter 11 bankruptcy unless Visteon followed the specific requirements laid out in section 1114 of the Bankruptcy Code, even if Visteon would have had the unilateral right to terminate these benefits outside bankruptcy

Are inherited IRAs protected in bankruptcy?

  • Bryan Cave LLP
  • -
  • USA
  • -
  • May 1 2012

Whether post-death creditor protection is available to inherited IRAs under the 2005 Bankruptcy Act has been the subject of a number of cases decided in the last several years

Pension reform the time has come, the time is now

  • Arnstein & Lehr
  • -
  • USA
  • -
  • June 25 2010

As Dr. Seuss once famously wrote (Marvin K. Mooney, Will You Please Go Now), “THE TIME HAS COME, THE TIME IS NOW”

U.S. Supreme Court rules inherited IRAs not exempt from creditors’ claims in bankruptcy

  • Dykema Gossett PLLC
  • -
  • USA
  • -
  • July 16 2014

The recent unanimous decision of the United States Supreme Court (the "Court") in Clark v. Rameker, 573 U.S. _____ (2014) held that inherited IRAs do