News & Analysis as of

Chapter 11 Employee Benefits

Troutman Pepper Locke

What Will Happen to My Severance Payments if My Employer Files for Bankruptcy? - Creditor’s Rights Toolkit

Troutman Pepper Locke on

Pursuant to Section 503(b)(1)(A) of the Bankruptcy Code, "wages, salaries, and commissions for services rendered after the commencement of the case" are treated as administrative expense claims. Additionally, Section...more

Lowenstein Sandler LLP

Common Benefits Issues in Bankruptcy

Lowenstein Sandler LLP on

In today’s episode of “Just Compensation” Megan Monson and Taryn Cannataro are joined by bankruptcy attorney, Nicole Fulfree to discuss benefits considerations in bankruptcy. The goal of this discussion is to provide food for...more

Jackson Lewis P.C.

Third Circuit Upholds Withdrawal Liability Arbitral Award Under MPPAA’s Evade Or Avoid Provision

Jackson Lewis P.C. on

Under the provisions of the Employee Retirement Income Security Act (“ERISA”) as modified by the Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”), an employer who withdraws from a multiemployer pension plan is...more

Patterson Belknap Webb & Tyler LLP

Bill Proposes Sweeping Changes to Protect Workers in Chapter 11

On September 29, 2020, the House Judiciary Committee advanced H.R. 7370, Protecting Employees and Retirees in Business Bankruptcies Act of 2020, a Democrat-sponsored bill, to the full chamber. If enacted into law, the bill...more

Miles & Stockbridge P.C.

Congress Again Considers Expanding Worker Protections in Bankruptcy

With the COVID-19 pandemic creating a significant upswing in Chapter 11 bankruptcies and with more expected to come, Congress is once again considering substantial changes to the way the Bankruptcy Code addresses worker...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

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...more

Sheppard Mullin Richter & Hampton LLP

Bankrupt Municipality May Reduce Retiree Benefits

The bankruptcy of the largest U.S. city to file a chapter 9 bankruptcy petition has yielded a decision with serious implications for municipal creditors. Specifically, the United States Bankruptcy Court for the Eastern...more

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