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Results: 11-20 of 128

Another pension casualty the Twinkie

  • Bryan Cave LLP
  • -
  • USA
  • -
  • November 27 2012

After failed court-ordered mediation, Hostess Brands, Inc. makers of iconic bakery goods that include Twinkies, Ding Dongs, Ho Hos and Wonder Bread received permission from a bankruptcy court to cease operations and liquidate last week

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

DOL proposes amendments to Abandoned Plan Program

  • Littler Mendelson
  • -
  • USA
  • -
  • December 14 2012

The Department of Labor’s Employee Benefits Security Administration (EBSA) is proposing to allow bankruptcy trustees to take advantage of the agency’s Abandoned Plan Program regulations under ERISA to terminate, wind up, and distribute retirement plan benefits to former employees of bankrupt companies

Court breaks from majority rule, granting retirees post-petition rights greater than pre-petition rights

  • Reed Smith LLP
  • -
  • USA
  • -
  • September 13 2010

The Third Circuit Court of Appeals broke from the Second Circuit, and a majority of lower court decisions, to give union and non-union retirees more protections in bankruptcy under their benefit plans than were provided for in the benefit plans themselves

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

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

Third Circuit rules failure to appeal leaves union and its retirees without a remedy

  • Caplin & Drysdale, Chartered
  • -
  • USA
  • -
  • September 9 2014

On August 28, 2014, the Court of Appeals for the Third Circuit delivered a Stern admonition about the risk of failing to appeal when it ruled that a

U.S. Supreme Court denies bankruptcy protection for inherited IRAs

  • Tucker Ellis
  • -
  • USA
  • -
  • July 17 2014

The U.S. Supreme Court's recent decision in Clark v. Rameker has given individuals with IRAs a new reason to consider the use of trusts as their

Court rejects the "prudent investor rate" in favor of the PBGC discount rate

  • Reinhart Boerner Van Deuren SC
  • -
  • USA
  • -
  • August 17 2010

A district court rejected the prudent investor rate theory and applied the Pension Benefit Guaranty Corporation (PBGC) discount rate to determine the amount of a PBGC termination liability claim

Court allows creditor to garnish top-hat plan benefits

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • April 18 2013

In Sposato v. First Mariner Bank, 2013 WL 1308582 (D. Md. March 29, 2013), a federal district court allowed the creditor (First Mariner Bank) of a