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    Yellow Is Seeing Red: Bankruptcy Court Invokes Loper Bright in Upholding PBGC Regulations
    2024-09-16

    On September 13, the U.S. Bankruptcy Court for the District of Delaware issued a highly anticipated decision in the In re: Yellow Corporation, et al. bankruptcy that addressed objections to 11 multiemployer pension funds’ withdrawal liability claims totaling $6.5 billion, where those plans received billions in taxpayer-funded Special Financial Assistance (SFA) provided under the American Rescue Plan Act (ARPA) that was not included in plan assets for purposes of the withdrawal liability assessments based upon PBGC regulations.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Thompson Hine LLP, Employee Retirement Income Security Act 1974 (USA), US Congress, American Rescue Plan Act 2021 (USA), Supreme Court of the United States, Financial services pension providers
    Authors:
    Dominic DeMatties , Katherine B. Kohn
    Location:
    USA
    Firm:
    Thompson Hine LLP
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