BAPCPA's Treatment of KERPs
Journal Issues - International Corporate Rescue
BAPCPA made substantial amendments to the Bankruptcy Code and Rules, creating significant changes for business and consumer bankruptcy cases. One of the most ...
An Overview of The Bankruptcy Abuse Prevention and Consumer ...
... (BAPCPA) became effective October 17, 2005 ... The lack of clarity in the amendment will work to the advantage of aggressive creditors. B. KERPs ...
"The Effect of Insider Status on the Court's Approval of a Key ...
... BAPCPA amendments to "eradicate the notion that executives were ... KERPs and other programs designed to induce management to remain with the debtor.
GAO-07-1101, Employer-Sponsored Benefits: Many Factors Affect ...
Most bankruptcy professionals agreed that while BAPCPA included some changes that will affect the treatment ... KERPs. The Bankruptcy Court for the ...
Employee incentive plans - navigating the restrictions of § 503(c)
... management through Key Employee Retention Plans ... As a result of the perceived excesses contained within KERPs, Congress, through BAPCPA and an ...
Congress also took on severance payments to insiders, a common tag- along feature of Kerps. BAPCPA pro- hibits such payments unless the pay- ments are part ...
Most KERPs, despite favoring senior management, are over-inclusive. ... As noted in note 16, above, BAPCPA's restrictions on KERPs are not new.
Chapter 11 - Bankruptcy Basics | United States Courts
A creditors' committee can be an important safeguard to the proper management of the business by the debtor in possession. Appointment or Election of a Case ...
A BNA's - BANKRUPTCY LAW REPORTER
BAPCPA), affecting key employee retention programs. (or KERPs), I did what any diligent researcher would do: I read other articles, written by some of the ...
Bankruptcy Abuse Prevention and Consumer Protection Act: Overview
The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), passed in 2005, is a law intended to reform the personal bankruptcy process in the U.S. ...
BAPCPA did not modify § 348 to extend the same treat- ment to conversions ... able for failure to complete payments—but keeps the second, making the.
The Consumer Bankruptcy Reform Act of 2020 - Credit Slips
You can't treat them the same. Also, when BAPCPA attempted to apply mathematical formulas to set payments the results were disastrous. It took ...
Statutory Schizophrenia and the New Chapter 11 | ABI
BAPCPA contains a number of provisions designed to protect specific constituencies and the general public from actual or perceived management ...
GAO-07-1101 Employer-Sponsored Benefits: Many Factors Affect ...
BAPCPA contained provisions related to chapter 11 business bankruptcies and sought to address the treatment of benefits during the bankruptcy ...
The Unintended Consequences of BAPCPA's Credit Counseling ...
Of those, what percentage would you estimate qualified for a debt management plan, as opposed to filing for bankruptcy? 3. What percentage of people contacting ...
In Bankruptcies Triggered by COVID, Retention is Key for Executive ...
These programs are often called Key Executive Retention Programs (KERPs). ... BAPCPA's restrictions effectively stopped the use of executive ...
For Better or Worse: Chapter 11 in the Post-BAPCPA Downturn
how do you cure non-monetary defaults? For example, if you're a car ... possible for KERPS to be approved. As you can see, the tests that we have ...
BAPCPA and Commercial Credit: Who (SIC) Do You Trust
some pre-BAPCPA authority for requiring cure under section. 365(b)(l)(A) only ... Because of the KERPS 11 debtors pay? I. Oh, Tom Dunn, I tell me about ...
Mind Games: Rethinking BAPCPA's Debtor Education Provisions
Even so, the requirement keeps many debtors out of bankruptcy. In re ... in debt management plans (“DMPs”).” However, by 2002 one trade ...
BAPCPA's Impact Upon. Trade Creditors. • Amendment affecting Creditor ... (b) If no non-management transfers made, then less than 25% of compensation of ...