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    Creditors with Partially Disputed Claims Have Standing to File an Involuntary Bankruptcy
    2018-12-14

    Section 303 of the Bankruptcy Code provides a unique remedy to unsecured creditors seeking to collect their debts against an insolvent entity. A careful look at this remedy is contained in an earlier post, entitled Creditors’ Strategic Use of Involuntary Bankruptcy.

    Filed under:
    USA, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Real Estate, FisherBroyles LLP, Bankruptcy, Deferred compensation, IBM
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    Creditors with Partially Disputed Claims Have Standing to File an Involuntary Petition
    2018-12-13

    Section 303 of the Bankruptcy Code provides a unique remedy to unsecured creditors seeking to collect their debts against an insolvent entity.  A careful look at this remedy is contained in an earlier post, entitled Creditors' Strategic Use of Involuntary Bankruptcy.  In summary, pursuant to section 303, three unsecured creditors, with claims in the aggregate of $15,775, can place an insolvent company in bankrup

    Filed under:
    USA, Insolvency & Restructuring, Litigation, FisherBroyles LLP, Bankruptcy, Debtor, Executive compensation, Deferred compensation
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    H.R. 4677 attempts to increase protections for employees and retirees when their company files for bankruptcy
    2010-11-08

    On September 15, 2010, the House Subcommittee on Commercial and Administrative Law voted 8-4 to report H.R. 4677 to the full House Judiciary Committee. Called the “Protecting Employees and Retirees in Business Bankruptcies Act of 2010,” H.R. 4677 contains several substantial changes to federal law aimed at preserving workers’ wages and benefits during a Chapter 11 bankruptcy proceeding. The subcommittee members voted along party lines, indicating that the bill will have a difficult fight in the full committee – its fate may ultimately depend on the result of the recent election.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Larkin Hoffman Daly & Lindgren Ltd, Wage, Bankruptcy, Debtor, Executive compensation, Deferred compensation, Liquidation, Administrative law, Defined benefit pension plan, Severance package, US Senate, US House of Representatives, US House Committee on the Judiciary, Trustee
    Authors:
    Bruce J Douglas , L. Kathleen Harrell-Latham , John Kvinge
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Preserving some portion of the non-qualified plan benefits of a bankrupt company
    2013-08-29

    I have blogged several times about the difficulties of preserving non-qualified plan benefits, particularly when the plan sponsor goes bankrupt. At the time of a bankruptcy, the company's non-qualified plan becomes nothing more than an unfunded promise to pay benefits and participants usually have to get in line with the company's other creditors. The recent decision in Tate v. General Motors LLC (56 EBC 1363, 6th Cir.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Deferred compensation, Retirement
    Authors:
    Michael S. Melbinger
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Five common 409A design errors: #4 No six-month delay for public company terminations
    2012-03-20

    Code Section 409A is, in part, a response to perceived deferred compensation abuses at companies like Enron and WorldCom. The story of Code Section 409A’s six month delay provision is inextricably tied to the Enron and WorldCom bankruptcies.

    Filed under:
    USA, Company & Commercial, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, Bryan Cave Leighton Paisner (Bryan Cave), Public company, Bankruptcy, Deferred compensation, Internal Revenue Service (USA), Enron, Bitly
    Authors:
    Brian W. Berglund
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Same dollars, different treatment: Tenth Circuit holds that distributions from a retirement plan do not fall within the Colorado state law exemption statute
    2015-07-16

    Although almost all of an individual debtor’s assets become property of the estate upon a bankruptcy filing, certain exceptions exist to the rule at both the federal and state level.  In some jurisdictions, funds held for a debtor in retirement plans are exempt assets.  An open question, however, is whether payments distributed from such plans prior to the petition date are also exempt assets.  The United States Court of Appeals for the Tenth Circuit recently held in 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Deferred compensation, United States bankruptcy court, Tenth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Final rules permit FDIC to clawback compensation based on negligence for covered financial companies
    2011-07-06

    The FDIC has adopted final rules which provide that the FDIC, as receiver of a covered financial company, may recover from senior executives and directors who were substantially responsible for the failed condition of the company any compensation they received during the two-year period preceding the date on which the FDIC was appointed as receiver, or for an unlimited period in the case of fraud.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Stinson LLP, Board of directors, Employment contract, Deferred compensation, Option (finance), Negligence, Legal burden of proof, Liquidation, Depository institution, Bank holding company, Business judgement rule, Gross negligence, Severance package, Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Chief financial officer
    Authors:
    Stephen M. Quinlivan
    Location:
    USA
    Firm:
    Stinson LLP
    Five common 409A design errors: #4 No six-month delay for public company terminations
    2012-03-20

    Code Section 409A is, in part, a response to perceived deferred compensation abuses at companies like Enron and WorldCom. The story of Code Section 409A’s six month delay provision is inextricably tied to the Enron and WorldCom bankruptcies.

    Filed under:
    USA, Company & Commercial, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, Bryan Cave Leighton Paisner (Bryan Cave), Public company, Bankruptcy, Deferred compensation, Internal Revenue Service (USA), Enron
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Preserving some portion of the non-qualified plan benefits of a bankrupt company
    2013-08-29

    I have blogged several times about the difficulties of preserving non-qualified plan benefits, particularly when the plan sponsor goes bankrupt. At the time of a bankruptcy, the company's non-qualified plan becomes nothing more than an unfunded promise to pay benefits and participants usually have to get in line with the company's other creditors. The recent decision in Tate v. General Motors LLC (56 EBC 1363, 6th Cir.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Deferred compensation, Retirement
    Location:
    USA
    Firm:
    Winston & Strawn LLP
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