We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 11-20 of 1,202

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


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


Functions of the health care exchanges for 2014
  • Faegre Baker Daniels LLP
  • USA
  • February 14 2012

For employers to understand the big picture, our earlier posts described the government subsidies, individual mandates and employer mandates


Second Circuit decision improves PBGC’s position in chapter 11
  • Paul Weiss
  • 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


Pension Benefit Guaranty Corporation issues proposed rule clarifying implementation of Section 404 which treats bankruptcy filing date as "plan termination date" for certain purposes
  • Dentons
  • USA
  • July 17 2008

Bankruptcy practitioners and plan beneficiaries should take note of a little-known ERISA amendment that impacts bankruptcy cases filed on or after September 16, 2006


Court breaks from majority rule, granting retirees post-petition rights greater than pre-petition rights
  • Reed Smith LLP
  • USA
  • September 13 2010

The Third Circuit Court of Appeals broke from the Second Circuit, and a majority of lower court decisions, to give union and non-union retirees more protections in bankruptcy under their benefit plans than were provided for in the benefit plans themselves


Does your firm's standard lien language create a possibility that your customer IRAs may lose their tax exempt status and protection from third-party creditors?
  • Greenberg Traurig LLP
  • USA
  • February 27 2012

It is not uncommon for firms to use standard language in their account agreements that creates liens on Individual Retirement Accounts (IRAs


US bankruptcy automatic stay thwarts UK proceedings by the Pension Regulator
  • Dentons
  • United Kingdom, USA
  • 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


Lessons from Nortel: what do the recent allocation decisions mean?
  • Macfarlanes LLP
  • Canada, United Kingdom, USA
  • May 28 2015

Around 33,000 UK-based pensioners of the Nortel group look set to receive a greater share of the group’s $7bn worldwide assets, following a joint


The Seventh Circuit interprets Wisconsin exemption law on college savings accounts and retirement annuities, but did it have jurisdiction? (part 2 of 2)
  • Foley & Lardner LLP
  • USA
  • January 21 2015

As we explained in a post yesterday, the Seventh Circuit in In re Bronk (Cirilli v. Bronk), No. 13-1123 (7th Cir. Jan. 5, 2015), made some new law on