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Are inherited IRAs protected in bankruptcy?

Bryan Cave LLP
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USA
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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

Nortel reaches settlement with retirees

Proskauer Rose LLP
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USA
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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

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
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USA
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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

Court allows creditor to garnish top-hat plan benefits

Winston & Strawn LLP
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USA
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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

What matters: A review of 2011 and 2012

Kramer Levin Naftalis & Frankel LLP
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USA
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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

In a case of first impression, court grants administrative priority status to post-petition withdrawal liability

Reed Smith LLP
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USA
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December 19 2011

As part of its paper manufacturing business, Marcal Paper employed truck drivers who were members of the Teamsters Union

Coal bankruptcies: complications and risks associated with federal coal legislation

Latham & Watkins LLP
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USA
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August 29 2012

The recent bankruptcy filing of Patriot Coal Corporation and its reporting of “unsustainable” legacy benefit liabilities have raised the profile of other post-employment benefits (OPEBs, i.e. non-pension retiree benefits) in the coal industry

US bankruptcy automatic stay thwarts UK proceedings by the Pension Regulator

Dentons
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United Kingdom, USA
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January 23 2012

On December 29, 2011, the US Court of Appeals for the Third Circuit issued an opinion in the chapter 11 bankruptcy case In re Nortel Networks, Inc., holding that the "automatic stay" on creditor collection actions outside the bankruptcy applied to prevent the UK Pension Protection Fund and the Trustee of the UK Nortel Pension Plan from participating in UK pensions proceedings initiated by the UK Pensions Regulator

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

Third Circuit concludes that employees’ unvested retiree benefits are protected during an employer’s Chapter 11 bankruptcy

Proskauer Rose LLP
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USA
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September 3 2010

In re Visteon Corp., No. 10-1944-cv, 2010 WL 2735715 (3d Cir. July 13, 2010), the Third Circuit held that Visteon Corporation (Visteon) could not terminate unvested retiree health and life insurance benefits during a Chapter 11 bankruptcy without seeking court approval pursuant to Bankruptcy Code 1114, 11 U.S.C. 1114

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Search results

Are inherited IRAs protected in bankruptcy?

Nortel reaches settlement with retirees

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

Court allows creditor to garnish top-hat plan benefits

What matters: A review of 2011 and 2012

In a case of first impression, court grants administrative priority status to post-petition withdrawal liability

Coal bankruptcies: complications and risks associated with federal coal legislation

US bankruptcy automatic stay thwarts UK proceedings by the Pension Regulator

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

Third Circuit concludes that employees’ unvested retiree benefits are protected during an employer’s Chapter 11 bankruptcy

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