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    Bankruptcy trumps protection for inherited IRA
    2014-06-18

    The United State Supreme Court issued an opinion on June 12, 2014 in Clark v.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Bankruptcy
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Supreme Court issues decision impacting inherited IRAs
    2014-06-13

    On June 12, 2014, the Supreme Court held that assets of an “inherited IRA” are not exempt from the IRA holder’s bankruptcy estate and are subject to the claims of creditors in bankruptcy. (Clark v. Rameker, Sup. Ct. Slip Op. No. 13-299, affirming In re Clark, 714 F.3d 559 (7th Cir. 2013). In Clark, the petitioner, Heidi Heffron-Clark, inherited an IRA worth approximately $450,000. The IRA was originally established by the petitioner’s mother as a traditional IRA and became an inherited IRA upon her death in 2001.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Steptoe LLP, Bankruptcy, Seventh Circuit
    Location:
    USA
    Firm:
    Steptoe LLP
    When is a retirement account not a retirement account?
    2014-06-16

    Q: When is a retirement account not a retirement account?

    A: When it's an inherited IRA and the owner is bankrupt.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, FordHarrison LLP, Bankruptcy, Retirement, Internal Revenue Code (USA)
    Authors:
    Jeffrey S. Ashendorf
    Location:
    USA
    Firm:
    FordHarrison LLP
    Here comes the judge: Supreme Court to rule on creditor protection in bankruptcy for inherited IRAs
    2014-05-19

    In 2012, the Fifth Circuit ruled in In re Chilton that inherited IRAs constituted retirement funds within the “plain meaning” of §522 of the Bankruptcy Code and were thus exempt from the bankruptcy estate, under § 522(d)(12) (the federal exemptions). See our prior discussion of this case here.

    After Chilton, many thought the issue was settled.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Interest, Title 11 of the US Code, Supreme Court of the United States, Fifth Circuit, Seventh Circuit
    Authors:
    Kathleen R. Sherby , Stephanie L. Moll
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Unpaid employer contributions as plan assets: expansion of liability under ERISA
    2014-04-21

    The Employee Retirement Income Security Act of 1974, as amended (“ERISA”), requires trustees of multiemployer pension and benefit funds to collect contributions required to be made by contributing employers under their collective bargaining agreements (“CBAs”) with the labor union sponsoring the plans. This is not always an easy task—often, an employer is an incorporated entity with limited assets or financial resources to satisfy its contractual obligations.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Fiduciary, Eleventh Circuit
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Financial services update March 24 2014 judicial developments
    2014-03-24

    Overnight Income Doesn't Float ERISA Plan's Boat.

    Filed under:
    USA, Capital Markets, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Employee Retirement Income Security Act 1974 (USA), Security (finance), Fiduciary
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    The Eleventh Circuit clarifies the liability for a bankrupt company’s pension benefits
    2014-01-07

    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 question of first impression: “whether under ERISA the trustee of a corporation that is a contributing sponsor and is in bankruptcy can maintain an action for the benefit of the bankruptcy estate and the estate’s unsecured creditors against the corporation’s former owner … for liabilities arising from the termination of a pension plan.” Opinion, p. 5. The Court held that the answer is “no.”

    Filed under:
    USA, Georgia, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Smith, Gambrell & Russell, LLP, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Pension Benefit Guaranty Corporation, Eleventh Circuit
    Location:
    USA
    Firm:
    Smith, Gambrell & Russell, LLP
    Claim for post-bankruptcy pension benefits rejected following “free and clear” purchase of assets
    2013-12-20

    A group of retired employees filed a class-action law suit claiming loss of certain retirement benefits. The employees worked for SPX Corporation until 1996 when it was acquired by Dana Corporation. SPX sponsored a pension plan for these employees. In 2006, Dana filed a Chapter 11 bankruptcy and sold certain assets to Mahle gmbH. Under the asset purchase agreement, Mahle assumed certain benefit plans. The dispute arises over eligibility for supplemental retirement benefits under a plan Mahle assumed from Dana.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Hodgson Russ LLP, Bankruptcy, Class action, Retirement
    Authors:
    Peter K. Bradley , Anita Costello Greer , Michael J. Flanagan , Richard W. Kaiser , Arthur A. Marrapese III , Ryan M. Murphy
    Location:
    USA
    Firm:
    Hodgson Russ LLP
    Government employee pensions may now be fair game for cuts during bankruptcy restructuring
    2013-12-12

    On Tuesday, December 2, 2013, Judge Steven Rhodes of the Eastern District of Michigan ruled that the City of Detroit, which filed for Chapter 9 bankruptcy protection in the U.S. Bankruptcy Court on July 18, 2013, met the specific legal criteria required to receive protection from its creditors and thus could formally enter bankruptcy.  The district court further determined that the city’s obligation to pay pensions in full was not "untouchable" while working and negotiating with creditors in restructuring its debt.

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, US District Court for Eastern District of Michigan
    Authors:
    Imad Abdullah
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Court rules that Detroit is eligible for Chapter 9 and that pensions may be impaired in Chapter 9
    2013-12-06

    On December 5, 2013, the U.S. Bankruptcy Court for the Eastern District of Michigan released its 143 page decision upholding the City of Detroit’s eligibility to be a debtor under chapter 9 of the United States Bankruptcy Code.  In re City of Detroit, Michigan, Case No. 13-53846 (Bankr. E.D. Mich. Dec.

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Constitutionality, Title 11 of the US Code, US District Court for Eastern District of Michigan
    Authors:
    Ingrid Bagby , Thomas Curtin , Mark C. Ellenberg , Ivan Loncar , Lary Stromfeld
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

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