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Bankruptcy Law

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Villanova Law Review

2014

Articles 1 - 2 of 2

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Fueling The Death Spiral For Workers' Pensions: The Bankruptcy Process And Multiemployer Pension Plans, Colleen Ray May 2014

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 May 2014

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.