Bankruptcy and Employee Benefits

When the sponsor of an employee benefit plan is in bankruptcy, or is considering filing for bankruptcy, there are often issues that arise under the Employee Retirement Income Security Act (ERISA), the Bankruptcy Code, and the Internal Revenue Code. B&E provides advice concerning these laws, including, for example:

  • Applying minimum funding rules and Pension Benefit Guaranty Corporation (PBGC) funding lien
  • Assessing potential liability of “controlled group” members
  • Amending and terminating employee benefit plans
  • Responding to claims of Internal Revenue Service (IRS), Department Of Labor (DOL), and PBGC in bankruptcy
  • Modifying collective bargaining agreement provisions governing benefits under section 1113 of the Bankruptcy Code
  • Modifying retiree health and welfare obligations under section 1114 of the Bankruptcy Code
  • Reviewing lenders’ agreements with debtors
  • Resources

  • Firm Overview

  • Contact

  • Location

    Main Office:
    5335 Wisconsin Ave NW
    Suite 440
    Washington, D.C. 20015
    T: (202) 331-1331
    F: (202) 318-7071

    Pennsylvania Office:
    120 North Church Street
    Suite 109
    West Chester, PA 19380
    T: (484) 605-1146
    F: (484) 631-1610