New LexisNexis® Bankruptcy Pamphlets Discuss Cross-Border Insolvency Cases Under Chapter 15 and Employee Benefits and Executive Compensation
With the economic challenges of the last 12 plus months, including the credit crunch, more companies are in financial distress and are filing for bankruptcy:
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For the 12-month period ending September 30, 2008, business bankruptcy filings totaled 38,651, up 49 percent from the 25,925 business filings for the 12-month period ending September 2007.
To help you deal with the unique issues that arise when a business entity files for bankruptcy, LexisNexis® is pleased to announce the following series of pamphlets devoted to topical areas of interest to bankruptcy practitioners.
Collier Monograph: Ancillary and Other Cross-Border Insolvency Cases Under Chapter 15 of the Bankruptcy Code; and
Collier Monograph: Employee Benefits and Executive Compensation in Bankruptcy
Collier Monograph: Ancillary and Other Cross-Border Insolvency Cases Under Chapter 15 of the Bankruptcy Code is designed to assist bankruptcy practitioners in understanding Chapter 15 of the Bankruptcy Code so they can handle the special challenges posed by international insolvency cases.
Written by Bankruptcy Judge Leif M. Clark, a leading expert, and edited by Daniel M. Glosband, partner in Goodwin Procter LLP’s Business Law Department and a primary draftsman of Chapter 15, this softbound pamphlet provides effective mechanisms for dealing with insolvency cases involving debtors, assets, claimants and other parties from more than one country.
Coverage includes:
• Commencement of an ancillary case
• Relief available before and upon recognition of a foreign proceeding
• Powers of a foreign representative upon recognition
• The “safe conduct” rule for foreign representatives
• Creditor protections and remedies in an ancillary case
• Powers of a foreign representative upon recognition
• Cooperation with foreign courts
The monograph provides not only discussion of the latest case law since Chapter 15 went into effect in 2005, but also two appendices reprinting the text of Chapter 15 and the UNCITRAL Model Law upon which it was based along with the Guide to Enactment for the Model Law.
To view an excerpt from this pamphlet, click here.
Collier Monograph: Employee Benefits and Executive Compensation in Bankruptcy brings together two areas that intersect when a company faces financial trouble: bankruptcy law and employee benefits law. Written by lawyers from the Employee Benefits and Executive Compensation practice at Jones Day, the monograph offers the integrated analysis needed in this complex area.
Employee benefits lawyers may not always understand the implications of bankruptcy on employee benefits and executive compensation; likewise, the nuances of ERISA and the Internal Revenue Code may not be grasped by corporate bankruptcy specialists. That is why this monograph will prove invaluable to lawyers advising corporate debtors navigating through the maze of bankruptcy.
Coverage includes:
• Planning in the prepetition period and first-day motions and actions
• The priority of compensation and benefit claims
• The treatment of compensation and benefits in bankruptcy, including challenges to benefit plan contributions
• Defined benefit pension plans
• Executive compensation
• Retiree benefits
• Voluntary employees' beneficiary associations (VEBAs)
• COBRA
• The health coverage tax credit
• Fiduciary matters
• Union matters
• Provisions of the 2005 legislation that relate to employee benefits and executive compensation.
There are also four appendices, demonstrating how the legal analysis is applied in actual cases:
• First-day employee wage and benefit motion and accompanying order
• Pension plan distress termination motion
• Bankruptcy Code section 1114 motion
• Health coverage tax credit participant Q&A
To view an excerpt from this pamphlet, click here.