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Results: 11-20 of 107

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

Employer withdrawal liability dischargeable in bankruptcy

  • Reinhart Boerner Van Deuren SC
  • -
  • USA
  • -
  • October 15 2013

In a recent Ninth Circuit case, Carpenters Pension Trust Fund for Northern California v. Moxley, 2013 WL 4417594 (9th Cir. 2013), the court held that

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

First Circuit finds that a private equity fund can be liable for the pension obligations of its portfolio company

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • August 6 2013

In Sun Capital Partners III, L.P. Et al. V. New England Teamsters & Trucking Industry Pension Fund, No. 12-2312, 2013 WL 3814985 (1st Cir. July 24

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

Heard about Detroit? The first word on treatment of public employee pension benefits in Chapter 9 (and absolutely not the last)

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • December 12 2013

Last week's ruling by Judge Stephen Rhodes finding the City of Detroit eligible for protection under Chapter 9 of the U.S. Bankruptcy Code has

Pension Benefit Guaranty Corporation issues proposed rule clarifying implementation of Section 404 which treats bankruptcy filing date as "plan termination date" for certain purposes

  • Dentons
  • -
  • USA
  • -
  • July 17 2008

Bankruptcy practitioners and plan beneficiaries should take note of a little-known ERISA amendment that impacts bankruptcy cases filed on or after September 16, 2006

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

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

IRS issues final regulations amending the prohibited payment option under single-employer defined benefit plan of plan sponsor in bankruptcy

  • Reinhart Boerner Van Deuren SC
  • -
  • USA
  • -
  • December 17 2012

The IRS issued final 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

Pension Benefit Guaranty Corporation issues final rule on termination dates for pension plans of bankrupt sponsors

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 28 2011

On June 14, 2011, the Pension Benefit Guaranty Corporation (PBGC) issued final regulations that apply to single-employer pension plans maintained by employers in bankruptcy