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

Reed Smith LLP
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United Kingdom, USA
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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

Pensions regulator withdraws threat of FSD

Herbert Smith Freehills LLP
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United Kingdom
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July 15 2011

The Pensions Regulator announced this week that it will not pursue action to impose a Financial Support Direction against US company, Chemtura Corporation and members of its group after a funding settlement, involving the payment of expedited contributions to the pension scheme of its UK subsidiary, was reached with the scheme's trustees

High Court sets aside a deed of release that had been executed by mistake

Freshfields Bruckhaus Deringer LLP
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United Kingdom
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October 15 2008

In the case of Andrew Fender v National Westminster Bank PLC Judge Purle QC set aside a deed of release that had been executed in the mistaken belief that the company was no longer indebted to the bank

Insolvency and restructuring of employers - issues for trustees of defined benefit pension schemes

Hogan Lovells
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United Kingdom
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September 20 2012

The credit crunch caused problems for businesses at the same time as the value of pension scheme assets plunged, adding ballooning defined benefit pension deficits to the woes of struggling companies

Controversial pensions bankruptcy case to be appealed

Pitmans LLP
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United Kingdom
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May 14 2012

We previously reported on Raithatha v Williamson (4 April 2012) where the High Court held that a bankrupt’s right to draw a pension was subject to an income payments order (“IPO”) even if the individual had yet to draw his pension

Who is ‘connected’ or ‘associated’?

Freshfields Bruckhaus Deringer LLP
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United Kingdom
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January 21 2009

Pensions and insolvency legislation uses the test in the Insolvency Act 1986 for assessing whether a person is ‘connected' or ‘associated' with another

Dealing with a section 75 debt - apportionment and withdrawal arrangements

Freshfields Bruckhaus Deringer LLP
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United Kingdom
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February 14 2011

When an employer leaves a multi-employer defined benefit pension scheme, an employer debt - a section 75 debt - may arise if the scheme was underfunded

“Sword of Damocles:” pensions in an English insolvency

Chadbourne & Parke LLP
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United Kingdom
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May 23 2011

In England, the Pension Regulator (the "Regulator"), who is responsible for overseeing certain pension schemes, may issue "financial support directions" ("FSD") andor a "contribution notice" ("CN") pursuant to its moral hazard powers

Scottish court rules that trustee claims are admissible in the winding up of an insolvent participating employer

Herbert Smith Freehills LLP
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United Kingdom
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February 1 2011

A claim by trustees against an insolvent participating employer (who has ceased to participate in the pension scheme) for its share of the scheme deficit is a contingent obligation at the date of winding up and is admissible in the winding-up

Silentnight - sweet dreams for the pensions regulator

Herbert Smith Freehills LLP
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United Kingdom
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May 13 2011

The story of the Silentnight restructuring has featured in the press today

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Search results

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

Pensions regulator withdraws threat of FSD

High Court sets aside a deed of release that had been executed by mistake

Insolvency and restructuring of employers - issues for trustees of defined benefit pension schemes

Controversial pensions bankruptcy case to be appealed

Who is ‘connected’ or ‘associated’?

Dealing with a section 75 debt - apportionment and withdrawal arrangements

“Sword of Damocles:” pensions in an English insolvency

Scottish court rules that trustee claims are admissible in the winding up of an insolvent participating employer

Silentnight - sweet dreams for the pensions regulator

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