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    In re Visteon: Third Circuit expands the protection of retiree benefits in Chapter 11 cases
    2010-08-12

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Bankruptcy, Debtor, Interest, Retirement, Good faith, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    Brad Eric Scheler , Alan N. Resnick , Jean E. Hanson , Shannon Lowry Nagle , Gary L. Kaplan , Jennifer L. Rodburg
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Weathering the storm: Third Circuit rules regardless of plan reservation of rights language, bankruptcy debtor must comply with the Bankruptcy Code to amend, modify or eliminate retiree benefits
    2010-09-24

    Once a company files a Chapter 11 bankruptcy petition (to sell its assets, reorganize or liquidate), Bankruptcy Code § 1114 sets forth a detailed procedure for the employer to follow to modify or terminate certain retiree benefits. Among other things, § 1114 imposes on the employer the burden of showing that the elimination or modification of benefits is necessary to permit reorganization.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Bankruptcy, Debtor, Health insurance, Trade union, Retirement, Life insurance, Liquidation, Collective bargaining agreements, US Congress, Ford Motor Company, Title 11 of the US Code, NLRA, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Third Circuit prohibits Visteon from terminating benefits plan in bankruptcy
    2010-09-22

    On July 13, 2010, a three-judge panel of the United States Court of Appeals for the Third Circuit unanimously held that auto-parts supplier Visteon Corporation could not terminate health and life insurance benefits for approximately 2,100 retirees during its chapter 11 bankruptcy unless Visteon followed the specific requirements laid out in section 1114 of the Bankruptcy Code, even if Visteon would have had the unilateral right to terminate these benefits outside bankruptcy.1 The Court found that a debtor may terminate any retiree benefits in bankruptcy only if,inter alia, the debt

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Trade union, Retirement, Life insurance, Liquidation, Good faith, Collective bargaining agreements, Defined benefit pension plan, US Congress, Pension Benefit Guaranty Corporation, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Inherited IRA may be exempt from breach of creditors in Ohio
    2010-10-05

    Recently, there have been cases in several states presenting the issue whether funds in an “inherited IRA” are exempt assets.1 An Ohio Bankruptcy Court has now ruled in favor of granting exempt status.

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Frost Brown Todd LLP, Tax exemption, Bankruptcy, Debtor, Beneficiary, Retirement, Westlaw, Title 11 of the US Code, Internal Revenue Code (USA), United States bankruptcy court
    Authors:
    Gerald L. Baldwin
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Pension Benefit Guaranty Corporation issues final rule on termination dates for pension plans of bankrupt sponsors
    2011-06-28

    On June 14, 2011, the Pension Benefit Guaranty Corporation (PBGC) issued final regulations that apply to single-employer pension plans maintained by employers in bankruptcy. These regulations implement a change made by the Pension Protection Act of 2006 (PPA). The change affects the amount of benefits payable by the PBGC to participants.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, McDermott Will & Emery, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Retirement, Liability (financial accounting), Subsidy, Disability, Sponsor (commercial), Pension Benefit Guaranty Corporation, Pension Protection Act 2006 (USA)
    Authors:
    Alan D. Nesburg
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Inherited IRAs are not bankruptcy-exempt as “retirement funds”
    2014-06-17

    On June 12, 2014, the U.S. Supreme Court unanimously held in Clark v. Ramekerthat an inherited individual retirement account (IRA) does not qualify for the “retirement funds” exemption in the Bankruptcy Code and is not excluded from a bankruptcy estate on that basis.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP, Retirement
    Authors:
    Thomas M. Byrne , Brenna M. Clark , Adam B. Cohen , B. Knox Dobbins , Nikola R. Djuric
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    U.S. Supreme Court rules that inherited IRAs not protected by federal bankruptcy exemptions
    2014-06-13

    The U.S. Supreme Court resolved a split among the circuits, holding that assets in non-spousal inherited individual retirement accounts are not exempt or protected from claims of the heir’s creditors. Clark v. Rameker, 573 U.S. ___ (2014) (No. 13-299; June 12, 2014).

    “Inherited” IRAs hold funds from persons who established Individual Retirement Accounts for their own use and died before depleting the funds in those accounts. The U.S. Supreme Court affirmed the judgment by the Seventh Circuit Court of Appeals {In re Clark, 714 F.3d 559 (7th Cir. 2013)}.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Michael Best & Friedrich LLP, Debtor, Federal Reporter, Retirement
    Authors:
    Ann Ustad Smith , Bradley J. Kalscheur
    Location:
    USA
    Firm:
    Michael Best & Friedrich 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
    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
    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

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