Virginia & Ambinder, LLP, represents clients in cases under Chapters 7 and 11 of the Bankruptcy Code. We are particularly knowledgeable and experienced in addressing the labor and employee benefits aspects of bankruptcy.
For example, our firm has been involved in negotiations and litigation involving such issues as the treatment of ERISA claims under a Chapter 11 plan of reorganization and the effect of Chapter 11 on collective bargaining relationships.
We can also counsel you accordingly on the right of a pension plan to collect withdrawal liability following a sale of assets under section 363 of the Bankruptcy Code. Many people have questions about distress and involuntary terminations of pension plans during bankruptcy, which can call into question the pay-outs of these plans. We can answer these inquiries during a free initial consultation at one of our offices in New York or New Jersey.
Our bankruptcy attorneys in New York City also have experience when it comes to bankruptcy reorganization and issues such as:
- The valuation and priority in bankruptcy of claims by the Pension Benefit Guaranty Corporation
- The recoupment of benefit payments following a participant's discharge in bankruptcy
- The effect of a bankruptcy discharge on ERISA claims for breach of fiduciary duties
- The treatment in bankruptcy of pension excise taxes
- The duties of a Chapter 7 trustee in connection with a debtor's pension plan
- The disposition in bankruptcy of surplus pension assets
- The efforts by debtors and bankruptcy trustees to recover employee benefit plan contributions under the Bankruptcy Code's "preference" provisions
We can counsel you on all these matters and help ensure your benefits are protected. Many of these claims are quite technical and require extensive knowledge of state and federal laws and regulations. We have the skill to navigate these areas while still explaining what action must be taken in clear and simple terms.
Chapter 7 Bankruptcy Lawyers Helping People in New York and New Jersey
If you have questions about how bankruptcy will affect your benefits contact our firm today. Office hours for our New York City and New Jersey, offices are 8 a.m. to 6 p.m. during weekdays. We accept weekend and late-night appointments by prearrangement and upon request. Spanish and Polish language services are also available.
