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    Bankruptcy and Benefits Beyond a Crisis: How Chapters 11 and 7 Affect Retirement and Welfare Plans
    2020-05-11

    Businesses large and small have been affected by the coronavirus crisis. It seems that no industry has been spared economic hardship. As many states prepare to reopen their economies, there are some businesses that will not be able to resume operations—it is too little, too late. Even with massive spending by the federal government to counteract the economic downturn, it appears that a large number of business bankruptcies may be on the horizon.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, Ogletree Deakins, Employee Retirement Income Security Act 1974 (USA), Coronavirus, Internal Revenue Service (USA), Affordable Care Act 2010 (USA)
    Authors:
    Robert S. Ellerbrock, III , James C. Pennington
    Location:
    USA
    Firm:
    Ogletree Deakins
    No bar to private employers using applicant’s bankruptcy history in hiring decisions
    2011-01-28

    Rea v. Federated Investors, 2010 WL 5094250 (3d Cir., December 15, 2010) – The Third Circuit Court of Appeals has ruled that a provision in the Bankruptcy Code which prohibits private employers from “terminat[ing] the employment of, or discriminat[ing] with respect to employment” against an individual who had previously declared bankruptcy, doesnot create a cause of action against a private employer who declines to hire based upon an applicant’s previously declared bankruptcy. Analyzing the bankruptcy provision at issue, 11 U.S.C.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Ogletree Deakins, Bankruptcy, Discrimination, Westlaw, US Code, Title 11 of the US Code, Third Circuit
    Location:
    USA
    Firm:
    Ogletree Deakins
    New York bankruptcy court strikes defenses to federal and state WARN Acts
    2014-04-30

    In re: Dewey & LeBoeuf LLP, No. 12-12321 (MG) (S.D.N.Y. Bankr., April 10, 2014): As part of the bankruptcy proceedings involving Dewey & LeBoeuf LLP, the U.S. Bankruptcy Court for the Southern District of New York struck Dewey’s defenses to claims brought by its former employees under the federal and New York State WARN Acts. On May 10 and May 14, 2012, Dewey provided letters to its employees warning that their employment could be terminated due to the firm’s financial condition.

    Filed under:
    USA, New York, Employment & Labor, Insolvency & Restructuring, Litigation, Ogletree Deakins, Bankruptcy, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Aaron Warshaw
    Location:
    USA
    Firm:
    Ogletree Deakins
    Plaintiff’s employment case dismissed for failure to mention suit in pending bankruptcy proceedings, New Jersey District Court holds
    2013-11-27

    InLewis v. Eberle & BCI Services, LLC, 2013 WL 4483529 (D.N.J. Aug. 19, 2013), a New Jersey district court dismissed the plaintiff’s claims brought under the Americans with Disabilities Act and the Family and Medical Leave Act because she failed to disclose them as “assets” in a simultaneous bankruptcy proceeding. The plaintiff was engaged in Chapter 7 bankruptcy proceedings when she filed suit against her former employer, but she did not revise her bankruptcy petition to identify those claims.

    Filed under:
    USA, New Jersey, Employment & Labor, Insolvency & Restructuring, Litigation, Ogletree Deakins, Bankruptcy
    Authors:
    Evan J. Shenkman , Christopher G. Elko , Steven J. Luckner
    Location:
    USA
    Firm:
    Ogletree Deakins
    When laws collide: U.S. Attorney’s Office addresses tax consequences of paying wages to a bankruptcy trustee
    2008-11-14

    The Friday, October 10, 2008, edition of The State newspaper (Columbia, South Carolina) carried an article about the possible Wells Fargo-Wachovia merger. The article stated the merger could cause “major job cuts.” In an economic downturn such as the current one, employees are going to suffer job losses. Any employment attorney will tell you that will result in more employment-related lawsuits being filed by former employees against their former employers. Any bankruptcy attorney will tell you that will result in increased bankruptcy filings.

    Filed under:
    USA, Alabama, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Ogletree Deakins, Wage, Bankruptcy, Interest, Income tax, Withholding tax, Federal Insurance Contributions Act tax, Form 1099, Internal Revenue Service (USA), Wells Fargo, Internal Revenue Code (USA), Certified Public Accountant
    Location:
    USA
    Firm:
    Ogletree Deakins
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