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 1,002

Checkmate: Third Circuit holds automatic stay bars participation in U.K. pension proceedings
  • Bracewell LLP
  • Canada, United Kingdom, USA
  • January 19 2012

A recent decision by the Third Circuit in the Nortel Group bankruptcy reinforces the worldwide reach of the automatic stay and the narrow scope of the police power exception under section 362(b)(4) of the Bankruptcy Code

Court Finds Sun Funds Liable for Withdrawal Liability of Portfolio Company
  • Haynes and Boone LLP
  • USA
  • March 31 2016

On remand by the First Circuit Court of Appeals, the Federal District Court of Massachusetts found Sun Capital Partners III, LP (“Sun Fund III”) and

The Eleventh Circuit clarifies the liability for a bankrupt company’s pension benefits
  • Smith Gambrell & Russell LLP
  • USA
  • January 7 2014

In Durango-Georgia Paper Co. v. H. G. Estate, LLC, Case No. 11-15079 (decided January 7, 2014), the Eleventh Circuit addressed what it defined as a

Bankruptcy trumps protection for inherited IRA
  • Porter Wright Morris & Arthur LLP
  • USA
  • June 18 2014

The United State Supreme Court issued an opinion on June 12, 2014 in Clark v. Rameker dealing with a relatively simple issue at the intersection of

U.S. Supreme Court declines review of ruling in Fifth Circuit ERISA preemption case
  • Haynes and Boone LLP
  • USA
  • March 8 2013

The U.S. Supreme Court recently denied a petition for writ of certiorari by United Healthcare Insurance Company ("UHC"), which had requested judicial

Employer withdrawal liability dischargeable in bankruptcy
  • Reinhart Boerner Van Deuren SC
  • USA
  • October 15 2013

In a recent Ninth Circuit case, Carpenters Pension Trust Fund for Northern California v. Moxley, 2013 WL 4417594 (9th Cir. 2013), the court held that

Here comes the judge: Supreme Court to rule on creditor protection in bankruptcy for inherited IRAs
  • Bryan Cave LLP
  • USA
  • May 19 2014

In 2012, the Fifth Circuit ruled in In re Chilton that inherited IRAs constituted retirement funds within the “plain meaning” of 522 of the

Court rejects CalPERS’ efforts to lift stay in San Bernardino case
  • Cadwalader Wickersham & Taft LLP
  • USA
  • January 2 2013

In a ruling predicted by the Restructuring Review Blog last month, Judge Meredith A. Jury of the U.S. Bankruptcy Court for the Central District of

Pension plan termination premium claims may not be dischargeable in bankruptcy
  • Lowenstein Sandler LLP
  • USA
  • December 21 2009

The Supreme Court declines to review a circuit court decision in Oneida Ltd., which held that a debtor cannot discharge in bankruptcy, as a prepetition claim, premiums it owes to the Pension Benefit Guaranty Corporation in connection with the termination of a pension plan

Court allows creditor to garnish top-hat plan benefits
  • Winston & Strawn LLP
  • USA
  • 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