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Buyer’s Lengthy Legal Battle Over $58 Million Pension Claim from Seller’s Union

Explore a complex M&A legal case involving a buyer’s struggle against a $58 million pension claim from a seller’s union. Learn how successor liability and careful structuring played a role. April 3, 2020 Introduction: When a business asset buyer acquires

Posted in federal multiemployer pension plan withdrawal liability, successor liability Tagged with: , , , , , , , , ,

Bankruptcy Court Approves Sale of Business, Clears Pension Claim

Explore the recent M&A development where a pension plan’s attempt to block a company’s business sale in bankruptcy failed. Discover how section 363(f)(3) of the Bankruptcy Code played a pivotal role in allowing the sale to proceed without the burden

Posted in asset purchase agreement, bankruptcy sale, distressed business acquisitions, federal multiemployer pension plan withdrawal liability, Section 363 sale, successor liability Tagged with: , , , , , , , , , , , , , , , , , ,

Buyer’s purchase price may triple post-closing because of underfunded union pension plan

Explore the legal implications of a case where a buyer’s purchase price may triple post-closing due to an undisclosed underfunded union pension plan liability. Learn from the Members of the Board Of Administration of the Toledo Area Industries UAW Retirement

Posted in asset purchase agreement, constructive knowledge, distressed business acquisitions, federal multiemployer pension plan withdrawal liability, multi-employer pension plan, successor liability, union liabilities Tagged with: , , , , , , , , , , , , , ,

Court Rules in Favor of Buyer in Union Pension Liability Dispute

Explore a recent M&A case where a buyer successfully defends against a union pension plan’s claim for the seller’s unfunded pension liability. Dive into the details of the case, the buyer’s defense strategy, and the court’s decision. M&A Stories November

Posted in asset seller's liabilities, constructive knowledge, due diligence, federal multiemployer pension plan withdrawal liability, multi-employer pension plan, post asset purchase issues, successor liability, union liabilities Tagged with: , , , , , , , , , , , , ,

Court finds a buyer of assets of a Maui hotel with union employees liable for the seller’s unfunded pension plan liability

A federal court of appeals recently held that the buyer of the assets of a hotel was required to pay seller’s unfunded union pension liability to its multiemployer pension plan. The buyer, a private equity group, entered into a purchase

Posted in federal multiemployer pension plan withdrawal liability, successor liability

Asset buyer of electrical contractor business may have liability for seller’s multiemployer pension plan withdrawal charges

The buyer in this case may end up being stuck with a liability of the seller, that the buyer did not assume in the asset purchase agreement, that is 2.5 times the amount the buyer paid the seller for the

Posted in federal multiemployer pension plan withdrawal liability, successor liability

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