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Results: 1-10 of 63

What matters: A review of 2011 and 2012

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • April 1 2013

As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the

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

Second Circuit decision results in significant nondischargeable debt as a result of new PBGC claims arising from pension plan termination in Chapter 11

  • Squire Sanders
  • -
  • USA
  • -
  • August 26 2009

During the bankruptcy cycle following the recession of 2001, numerous debtors notably airlines such as US Airways and United Air Lines, Inc. undertook “distress terminations” of their ERISA-qualified defined benefit pension plans, which are insured by the Pension Benefit Guaranty Corporation (PBGC

Third Circuit considering if the ‘police power’ exception to the automatic stay extends to the UK Pensions Regulator

  • Reed Smith LLP
  • -
  • United Kingdom, USA
  • -
  • December 19 2011

One exception to the otherwise far-reaching scope of the automatic stay is the “police power” exception, which permits a governmental unit to commence or continue an action or proceeding that is in furtherance of its police and regulatory powers (section 362(b)(4) of the Bankruptcy Code

Nortel reaches settlement with retirees

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • March 11 2013

In In re: Nortel Networks Inc., No. 1:09-bk-10138 (Bankr. D. Del. 2013), Nortel Networks Inc. reached a settlement with over 3,000 of its retired

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

Second Circuit decision improves PBGC’s position in chapter 11

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • April 15 2009

On April 8, the Second Circuit Court of Appeals reversed the Bankruptcy Court and concluded that special ERISA "termination premiums" due PBGC are not contingent prepetition claims subject to discharge in a chapter 11 reorganization

Margin violation is not an affirmative defense to an action on a note

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • October 20 2010

Several senior Comdisco, Inc. employees participated in the company’s shared investment plan (SIP) program

Withdrawal liability payments are not deferred pending arbitration when accelerated due to insolvency

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • September 17 2010

Until 2007, O’Neill Bros. Transfer & Storage took part in a multi-employer pension fund administered by the Central States Southeast and Southwest Areas Pension Fund (the “Fund”

Pension plan termination premium claims may not be dischargeable in bankruptcy

  • Lowenstein Sandler PC
  • -
  • 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

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