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Results: 11-20 of 119

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

IRS final regulations allow pension plan sponsors in bankruptcy to eliminate prohibited payment options

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • November 13 2012

Under Section 436 of the Internal Revenue Code, a single employer defined benefit plan sponsored by a company in bankruptcy cannot pay any “prohibited payments” (e.g., lump sums, Social Security level income annuity payments) if the plan is less than 100 funded

Ninth Circuit rules that withdrawal liability may be discharged in bankruptcy

  • Trucker Huss APC
  • -
  • USA
  • -
  • November 1 2013

In a decision that comes as welcome news to some employers, the Ninth Circuit Court of Appeals recently ruled that an employer that incurred

PBGC finalizes rule for terminating underfunded plans in bankruptcy

  • Reinhart Boerner Van Deuren SC
  • -
  • USA
  • -
  • August 1 2011

On June 14, 2011, the Pension Benefit Guaranty Corporation (PBGC) published its final rule on the termination of an underfunded pension plan when the sponsor is in bankruptcy

Play it again Samare inherited IRAs protected from creditors in bankruptcy?

  • Bryan Cave LLP
  • -
  • USA
  • -
  • July 1 2013

When the Fifth Circuit, in a case of first impression for that circuit and all of its sister circuit, last year ruled in In re Chilton, 11-40377

Supreme Court issues decision impacting inherited IRAs

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • June 13 2014

On June 12, 2014, the Supreme Court held that assets of an "inherited IRA" are not exempt from the IRA holder's bankruptcy estate and are subject to

Oral argument on Detroit bankruptcy postponed in part

  • Squire Patton Boggs
  • -
  • USA
  • -
  • July 28 2014

Last Friday, the Sixth Circuit postponed oral argument in some of the pending cases in the appeal from the bankruptcy judge's decision that Detroit

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

The nays have it: inherited IRAs are not exempt assets in bankruptcy

  • Bryan Cave LLP
  • -
  • USA
  • -
  • June 23 2014

On June 12, the United States Supreme Court in Clark v Rameker resolved the question that has recently split the 5th and 7th Circuits- Are inherited

Important Supreme Court ruling on inherited IRAs

  • Saul Ewing LLP
  • -
  • USA
  • -
  • June 30 2014

An inherited individual retirement account (IRA) is one set up and funded by the owner, who has died and named someone as the beneficiary of the IRA