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Pension Protection Fund changes following Olympic Airlines case

The regulatory amendments drawn up by the Secretary of State for Work and Pensions following the outcome in Trustees of Olympic Airlines SA Pension &Life Assurance Scheme v Olympic Airlines SA have been drafted narrowly and may end up protecting no one other than the beneficiaries of the Olympic Airlines pension scheme.

The issue

European Union, Greece, United Kingdom, Aviation, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Mayer Brown, Department for Work and Pensions (UK), Pension Protection Fund, Pensions Act 2004 (UK)
Pension protection fund changes following Olympic Airlines case

The regulatory amendments drawn up by the Secretary of State for Work and Pensions following the outcome in Trustees of Olympic Airlines SA Pension & Life Assurance Scheme v Olympic Airlines SA have been drafted narrowly and may end up  protecting no one other than the beneficiaries of the Olympic Airlines pension scheme. 

The issue

United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Mayer Brown, Department for Work and Pensions (UK), Pension Protection Fund
The Seventh Circuit expands scope of absolute priority rule to protect creditors

In a recent decision, In re Castleton Plaza, LP, 2013 WL 537269 *1 (Feb. 14, 2013), the Seventh Circuit held that the absolute priority rule – which requires that creditors be paid in full before equity holders receive anything on account of their equity interests under a plan of reorganization – applies equally to the “insiders” of a debtor.

USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Debtor, Secured creditor, United States bankruptcy court, Seventh Circuit