FAQ: Recent Developments in US Law Affecting Pension and OPEB Claims in Restructurings (2017)

From theory to practice, planning to enforcement, the answers to 42 of the most frequently asked questions can help you prepare, cope or respond to a restructuring.

This Client Alert answers some of the most frequently asked questions with respect to the treatment of pension-plan liabilities and other post-employment benefits (OPEB) obligations in US bankruptcies. Understanding the treatment of pension and OPEB obligations in bankruptcy continues to be important in today’s business environment and the law relating to the treatment of these obligations continues to evolve. Many high-profile companies, as well as several states and municipalities, have utilized the bankruptcy process to address pension and OPEB obligations. In addition, several recent significant legal developments have affected pension and OPEB obligations and their treatment in bankruptcy, including increased efforts to pursue companies’ foreign assets in connection with these obligations and significant judicial decisions regarding controlled group liability issues that affect private equity funds.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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