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Results: 1-10 of 241

Section 363(f) retires ERISA-based successor liability claims

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 11 2014

As this Blog has discussed in a number of recent posts, free and clear sales under section 363(f) of the Bankruptcy Code often lead to disputes over

Pension Protection Fund changes following Olympic Airlines case

  • Mayer Brown LLP
  • -
  • European Union, Greece, United Kingdom
  • -
  • July 18 2014

The regulatory amendments drawn up by the Secretary of State for Work and Pensions following the outcome in Trustees of Olympic Airlines SA Pension &

Liquidators and unsecured creditors beware: interim distribution of employee entitlements may mean later preference recoveries belong to a secured creditor

  • Cooper Grace Ward
  • -
  • Australia
  • -
  • February 18 2013

The recent decision of the Federal Court in Carter in the matter of Damilock Pty Ltd (Damilock) highlights the need for liquidators to review current

U.S. Supreme Court denies bankruptcy protection for inherited IRAs

  • Tucker Ellis
  • -
  • USA
  • -
  • July 17 2014

The U.S. Supreme Court's recent decision in Clark v. Rameker has given individuals with IRAs a new reason to consider the use of trusts as their

“Super-priority” rejected practitioners and lenders alike welcome hotly anticipated Supreme Court decision

  • Latham & Watkins LLP
  • -
  • United Kingdom
  • -
  • July 26 2013

After four years of litigation, common sense has prevailed in the Supreme Court on the issue of “super-priority” of the Pensions Regulator’s moral

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

Pension protection fund changes following Olympic Airlines case

  • Mayer Brown LLP
  • -
  • United Kingdom
  • -
  • July 18 2014

The regulatory amendments drawn up by the Secretary of State for Work and Pensions following the outcome in Trustees of Olympic Airlines SA Pension &

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

U.S. Supreme Court rules inherited IRAs not exempt from creditors’ claims in bankruptcy

  • Dykema Gossett PLLC
  • -
  • USA
  • -
  • July 16 2014

The recent unanimous decision of the United States Supreme Court (the "Court") in Clark v. Rameker, 573 U.S. _____ (2014) held that inherited IRAs do

UK Supreme Court upholds appeal by Nortel administrators on pension liabilities and the powers of the pensions regulator

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 24 2013

The Supreme Court has today ruled on the ranking of certain pension liabilities when issued to companies in administration or liquidation. In a