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Results: 1-10 of 168

EU Court of Justice finds that Ireland must protect pension benefits in bankruptcy

  • Haynes and Boone LLP
  • -
  • European Union, Ireland
  • -
  • May 14 2013

The EU Court of Justice held that Directive 200894EC of the European Parliament and of the Council of 22 October 2008 ("Directive 200894") applies

After Indalex: pension claims under the new CCAA

  • Aird & Berlis LLP
  • -
  • Canada
  • -
  • May 2 2013

On February 1, 2013, the Supreme Court of Canada (the "SCC") released its long-awaited decision in Sun Indalex Finance, LLC v. United Steel Workers

Waterford Crystal judgment: European Court of Justice finds that the Irish state has failed to protect employees’ pensions

  • Mason Hayes & Curran
  • -
  • European Union, Ireland
  • -
  • May 1 2013

In a long awaited landmark judgment, The European Court of Justice has today found in favour of ten former Waterford Crystal workers who alleged the

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

The Supreme Court rules in Indalex: DIP lenders rank ahead of pension beneficiaries in CCAA restructuring

  • Lavery de Billy LLP
  • -
  • Canada
  • -
  • April 24 2013

In 2009, Indalex, a Canadian subsidiary of a US company which manufactured aluminum extrusions, became insolvent. The US company subsequently filed

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

Update on DIP financing and priority charges

  • Blake Cassels & Graydon LLP
  • -
  • Canada
  • -
  • December 6 2012

On June 5, 2012, the Supreme Court of Canada heard the appeal from the Court of Appeal for Ontario’s decision in Re Indalex

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

Pensions regulator withdraws threat of FSD

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • 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

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