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Results: 11-20 of 926

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


Court ruling establishing "common control" applied to earlier withdrawal liability
  • Kelley Drye & Warren LLP
  • USA
  • February 6 2012

Michael Cappy operated a number of businesses, including SCOFBP, MCRI, and MCOF. SCOFBP operated a lumber yard in O’Fallon, Missouri


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


Sixth Circuit holds that supplemental unemployment compensation benefits are not ‘wages’ subject to FICA taxation
  • Pepper Hamilton LLP
  • USA
  • September 10 2012

In an important recent decision, United States v Quality Stores, Inc., et al., in which Pepper represented the prevailing party, the U.S. Court of Appeals for the Sixth Circuit held that supplemental unemployment compensation benefits (SUB payments) paid by a bankrupt company to its former employees were not wages subject to taxation under the Federal Insurance Contributions Act (FICA


Pensions trustees’ ‘loan to own’ strategy: a trend to come?
  • Freshfields Bruckhaus Deringer LLP
  • USA
  • October 17 2013

Eastman Kodak Corporation (Kodak US), the US parent of the Kodak group, filed for chapter 11 protection in the US on 19 January 2012. It successfully


Bankruptcy court decides that the Bankruptcy Code preempts California state pension laws
  • Nossaman LLP
  • USA
  • February 9 2015

In a February 4, 2015 opinion, the bankruptcy judge presiding over Stockton, California's Chapter 9 municipal bankruptcy case approved Stockton's


Ormet allowed to sell bankrupt Ohio facility free and clear of unfunded pension obligations
  • Roetzel & Andress
  • USA
  • August 8 2014

Ormet, a Delaware corporation, recently went bankrupt and shuttered its facilities in Ohio and Louisiana. As part of the bankruptcy proceedings


Financial services update March 24 2014 judicial developments
  • Winston & Strawn LLP
  • USA
  • March 24 2014

On March 19th, a divided panel of the Eighth Circuit holds that "float," contributions by ERISA plan participants to their retirement plan awaiting


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


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