Sponsored Seminars

Chicago Bar Association, Young Lawyers Section - Bankruptcy Committee presents Retirement Benefits in Chapter 11 Bankruptcy Cases


Chicago, IL
CBA Headquarters
321 S. Plymouth Court
Chicago, IL

Andrew Douglass will be presenting Retirement Benefits in Chapter 11 Bankruptcy Cases at the Chicago Bar Association, Young Lawyers Section event on June 2, 2010.  A full agenda is below.

1. Overview of Qualified and Non-Qualified Benefits Plans, and Other Employment Agreements Affected By Employer’s Bankruptcy
a. Defined Benefit Pension Plans
i. Single Employer Pension Plans
ii. Multiemployer Pension Plans
b. Defined Contribution Plans
i. 401(k) Plans
c. Non-Qualified Retirement / Deferred Compensation Plans
i. Noncontributory Plans
ii. Contributory Plans
iii. Executive employment/retention agreements
iv. Retiree Welfare Benefit Programs
2.  Key Bankruptcy Code Provisions and Rules
a. Introduction and Overview of 1114 agreements and retiree medical arrangements
b. Defining “retiree” benefits (ERISA vs. Bankruptcy Code)
i. Arclin U.S. Holding, Inc., 416 B.R. 117 (Bankr. D. Del. 2009)
ii. In re Exide Technologies, 378 B.R. 762, 768–69 (Bankr. D. Del. 2007)
c. Modification in the payment of retiree benefits
d. Impacted Parties
i. Debtor
ii. Retirees
iii. Official Committee
iv. Labor Unions
v. Pension Benefit Guaranty Corporation

Part II (1 hr. 20 min.) - Application
3. PBGC Issues for Defined Benefit Pension Plans
4. Dischargeability of Pension Termination Premiums
a. Oneida Ltd. v. Pension Benefit Guaranty Corp. (2d Cir.)
5. Withdrawal liability claims for multi-employer pension plans
6. COBRA issues under 363 sales
7. Tax Considerations