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 905

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

Nortel reaches settlement with retirees
  • Proskauer Rose LLP
  • USA
  • 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

Despite earlier ruling, Stockton Judge confirms plan leaving pension obligations intact
  • Kelley Drye & Warren LLP
  • USA
  • November 6 2014

One month ago, Judge Christopher Klein ruled in the city of Stockton, CA bankruptcy case that public employee pension obligations can be impaired in

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

Coal bankruptcies: complications and risks associated with federal coal legislation
  • Latham & Watkins LLP
  • USA
  • 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

Weathering the storm: can executory contracts have multiple personalities? The Fifth Circuit finds an asset purchase agreement amended an ERISA plan
  • Haynes and Boone LLP
  • USA
  • November 3 2011

Rejection of a contract in bankruptcy may not always accomplish a debtor’s goal to shed ongoing contractual obligations and liabilities, especially when dealing with employee benefit plans

Third Circuit prohibits Visteon from terminating benefits plan in bankruptcy
  • Cadwalader Wickersham & Taft LLP
  • USA
  • September 22 2010

On July 13, 2010, a three-judge panel of the United States Court of Appeals for the Third Circuit unanimously held that auto-parts supplier Visteon Corporation could not terminate health and life insurance benefits for approximately 2,100 retirees during its chapter 11 bankruptcy unless Visteon followed the specific requirements laid out in section 1114 of the Bankruptcy Code, even if Visteon would have had the unilateral right to terminate these benefits outside bankruptcy

Stockton Judge: pension obligations are not impervious to impairment in Chapter 9 bankruptcy. What comes next?
  • Kelley Drye & Warren LLP
  • USA
  • October 16 2014

The perception that public employee pension obligations cannot be impaired in bankruptcy suffered a damaging blow several months ago in the City of

California bankruptcy judge rules that state law does not protect pension fund from municipal bankruptcies
  • Cooley LLP
  • USA
  • October 15 2014

On October 1, a bankruptcy judge ruled that the pension agreement between Stockton, California and Calpers, California's massive state-run pension

The nays have it: inherited IRAs are not exempt assets in bankruptcy
  • Bryan Cave LLP
  • USA
  • June 23 2014

On June 12, the United States Supreme Court in Clark v Rameker resolved the question that has recently split the 5th and 7th Circuits- Are inherited