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Fueling The Death Spiral For Workers' Pensions: The Bankruptcy Process And Multiemployer Pension Plans, Colleen Ray
Fueling The Death Spiral For Workers' Pensions: The Bankruptcy Process And Multiemployer Pension Plans, Colleen Ray
Villanova Law Review
This comment examines how the Bankruptcy Code undermines the retirement security goals of ERISA and MPPAA. The article traces the development of multiemployer pension plans and the regulatory scheme. In addition, it discusses how withdrawal liability functions and how employer withdrawals affect the other employers contributing to a multiemployer pension plan. Next, it addresses the Bankruptcy Code’s treatment of withdrawal liability. Finally, the comment analyzes the impact of discharging withdrawal liability by discussing In re Hostess Brands, Inc.
Amplifying The Voices Of Retirees: The Third Circuit's Broad Interpretation Of Bankruptcy Code Section 1114 In In Re Visiteon Corp., Ashleigh K. Reibach
Amplifying The Voices Of Retirees: The Third Circuit's Broad Interpretation Of Bankruptcy Code Section 1114 In In Re Visiteon Corp., Ashleigh K. Reibach
Villanova Law Review
This Brief examines the Third Circuit’s analysis of Chapter 11, Section 1114 of the Bankruptcy Code as it applies to motions to modify or terminate retiree benefits and serves as a guide to practitioners bringing or contesting such motions during Chapter 11 bankruptcy proceedings in the Third Circuit.