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    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
    Hospital's bankruptcy examiner identifies millions of dollars in unauthorized payments; cites law firm for breach of duty
    2011-02-15

    In a case illustrating the effective use of a bankruptcy examiner, the examiner appointed by the court in the North General Hospital bankruptcy case has concluded that the hospital made over $3 million in unauthorized post-bankruptcy filing payments to the detriment of unsecured creditors. Prior to its bankruptcy filing, North General Hospital and certain related corporate debtors operated a hospital in the Harlem section of Manhattan.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Debtor, Unsecured debt, Breach of contract, Fiduciary, Debt, Liquidation, Severance package, Title 11 of the US Code, Chief financial officer
    Authors:
    H. Jason Gold , Rebecca L. Saitta
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Former president of bankrupt aircraft manufacturer can keep some of his severance cash
    2014-06-02

    An executive’s right to severance payments isn’t always written in stone, even if his employer agrees to provide them.  In this post, we described how one exec lost his severance pay after the Federal Reserve decided that his employer, a bank, was in a “troubled condition” at the time.

    Filed under:
    USA, Aviation, Employment & Labor, Insolvency & Restructuring, Litigation, Zuckerman Spaeder LLP, Bankruptcy, Debtor, Severance package, Bankruptcy Appellate Panel
    Authors:
    Jason M. Knott
    Location:
    USA
    Firm:
    Zuckerman Spaeder LLP
    Supreme Court holds severance payments are subject to FICA taxes
    2014-04-30

    Reversing a decision by the Sixth Circuit Court of Appeals, the U.S. Supreme Court ruled unanimously that severance payments to employees who were involuntarily terminated as part of a Chapter 11 bankruptcy were taxable wages subject to Social Security and Medicare (FICA) taxes. The decision disappointed many who had hoped the court would uphold the earlier appeals court ruling that certain severance payments should be exempt from FICA taxes as supplemental unemployment compensation benefits (SUBs).

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Hodgson Russ LLP, Wage, Bankruptcy, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Sixth Circuit
    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
    U.S. Supreme Court subjects certain employment termination payments to FICA tax
    2014-04-08

    Hopes that certain severance payments paid by companies to terminated employees could escape application of the Federal Insurance Contributions Act (FICA) tax were dashed when a unanimous U.S. Supreme Court ruled on March 25th that such payments, when not tied to state unemployment benefits, were “wages,” and thus taxable. The ruling for the government will allow the IRS to disallow protective refund claims that numerous companies filed after a federal circuit court held that termination payments were not subject to FICA tax.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Greenberg Traurig LLP, Wage, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package
    Authors:
    G. Michelle Ferreira , Scott E. Fink , Courtney A. Hopley
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Severance payments are FICA wages
    2014-03-25

    This morning the US Supreme Court issued a ruling providing that severance payments are taxable FICA wages. In United States vs. Quality Stores, Quality Stores made severance payments to employees who were involuntarily terminated as part of Quality Stores’ Chapter 11 bankruptcy. Quality Stores paid and withheld income and FICA taxes from the severance payments. Later, Quality Stores sought a refund on behalf of itself and former employees for FICA taxes withheld and paid.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Kilpatrick Townsend & Stockton LLP, Wage, Federal Insurance Contributions Act tax, Severance package, Supreme Court of the United States
    Authors:
    Mark L. Stember
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    Employers must file protective claims for refund by April 15, 2014 for FICA tax paid on severance pay
    2014-02-25

    Sometime this summer, the Supreme Court is expected to issue its ruling in U.S. v. Quality Stores.  In this case, the Supreme Court reviewed the Sixth Circuit’s holding that supplemental unemployment compensation benefits (“SUB payments”) relating to severance payments are not subject to FICA taxes. U.S. v. Quality Stores, 693 F.3d 605 (6th Cir. 2012).  The Sixth Circuit decision resurrects a long-disputed issue regarding the applicability of FICA to severance pay.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Kilpatrick Townsend & Stockton LLP, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, United States bankruptcy court, Sixth Circuit
    Authors:
    Charles E. Hodges II , Susan S. Hu
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    American Airlines CEO Tom Horton one step closer to free lifetime travel. Oh, and $20 million
    2013-06-06

    American Airlines’ CEO, Tom Horton, moved one step closer to receiving the $20 million severance payment he’s negotiated with the bankrupt airline.  On Tuesday, the bankruptcy judge hearing American’s case allowed the payment to stay in the airline’s disclosure statement (approval of the statement is a predicate step to ultimately “reorganizing” and exiting bankruptcy).  The approval c

    Filed under:
    USA, Aviation, Employment & Labor, Insolvency & Restructuring, Zuckerman Spaeder LLP, Severance package, American Airlines
    Authors:
    William A. Schreiner, Jr.
    Location:
    USA
    Firm:
    Zuckerman Spaeder LLP
    Dispute over American Airlines CEO’s $20 million severance may be coming in for a landing
    2013-06-03

    You might think that a company in bankruptcy wouldn’t be able to give its CEO a multi-million-dollar severance payment. 

    But just because a company is in bankruptcy doesn’t necessarily mean it doesn’t have any money – it just means it doesn’t have enough to pay all of its debts, or to function as a continuing concern.  The company may, in fact, have the means to make a rather generous severance payment – like the $20 million American Airlines is proposing to pay its CEO, Tom Horton, as the airline comes out of Chapter 11 and into a merger with US Airways. 

    Filed under:
    USA, Aviation, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Zuckerman Spaeder LLP, Bankruptcy, Severance package, American Airlines
    Authors:
    William A. Schreiner, Jr.
    Location:
    USA
    Firm:
    Zuckerman Spaeder LLP
    Tom Horton's severance is probably in the golden parachute bag if the court applies the business judgment rule rather than Section 503(c) of the Bankruptcy Code
    2013-03-26

    The U.S. Trustee in American’s Chapter 11 bankruptcy proceedings is challenging American’s $19.8 million golden parachute for its CEO Tom Horton.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Zuckerman Spaeder LLP, Debtor, Business judgement rule, Severance package, US Congress, Enron
    Authors:
    Ellen D. Marcus
    Location:
    USA
    Firm:
    Zuckerman Spaeder LLP

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