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Results: 11-20 of 123

Pension plan termination premium claims may not be dischargeable in bankruptcy

  • Lowenstein Sandler LLP
  • -
  • USA
  • -
  • 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

IRS proposes changes to anti-cutback regulations permitting elimination of lump sum distributions under a single-employer defined benefit plan of plan sponsor in bankruptcy

  • Reinhart Boerner Van Deuren SC
  • -
  • USA
  • -
  • July 12 2012

The IRS issued proposed regulations providing a limited exception to the anti-cutback rules under Code section 411(d)(6) for a plan sponsor that is a debtor in a bankruptcy proceeding

Weathering the storm: can executory contracts have multiple personalities? The Fifth Circuit finds an asset purchase agreement amended an ERISA plan

  • Haynes and Boone LLP
  • -
  • USA
  • -
  • November 3 2011

Rejection of a contract in bankruptcy may not always accomplish a debtor’s goal to shed ongoing contractual obligations and liabilities, especially when dealing with employee benefit plans

Coal bankruptcies: complications and risks associated with federal coal legislation

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • August 29 2012

The recent bankruptcy filing of Patriot Coal Corporation and its reporting of “unsustainable” legacy benefit liabilities have raised the profile of other post-employment benefits (OPEBs, i.e. non-pension retiree benefits) in the coal industry

Bankruptcy trumps protection for inherited IRA

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • June 18 2014

The United State Supreme Court issued an opinion on June 12, 2014 in Clark v. Rameker dealing with a relatively simple issue at the intersection of

California bankruptcy judge rules that state law does not protect pension fund from municipal bankruptcies

  • Cooley LLP
  • -
  • USA
  • -
  • October 15 2014

On October 1, a bankruptcy judge ruled that the pension agreement between Stockton, California and Calpers, California's massive state-run pension

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

Supreme Court of Canada hears appeal of Re Indalex Limited

  • Osler Hoskin & Harcourt LLP
  • -
  • USA
  • -
  • July 16 2012

On Tuesday, June 5, 2012 the Supreme Court of Canada heard an appeal of the Ontario Court of Appeal’s decision in Re Indalex Limited (“Indalex”

Third Circuit concludes that employees’ unvested retiree benefits are protected during an employer’s Chapter 11 bankruptcy

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 3 2010

In re Visteon Corp., No. 10-1944-cv, 2010 WL 2735715 (3d Cir. July 13, 2010), the Third Circuit held that Visteon Corporation (Visteon) could not terminate unvested retiree health and life insurance benefits during a Chapter 11 bankruptcy without seeking court approval pursuant to Bankruptcy Code 1114, 11 U.S.C. 1114