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BAPCPA's Treatment of KERPs


BAPCPA's Treatment of KERPs: A Prime Example of Why Leaving It ...

The new restrictions on key employee retention payments set forth in BAPCPA's amendment of Section 503 evidence Congress' misunderstanding of the Bankruptcy ...

KEIPs v. KERPs: Court Shows Deference to Chapter 11 Companies ...

KERPs: Court Shows Deference to Chapter 11 Companies to Defend Their Bonus Plans Under BAPCPA ... The KEIP/KERP distinction is important because each provides a ...

walking and talking like a kerp: implications of bapcpa section 503(c ...

Before section 503(c)'s effective date in 2005,7 bankruptcy courts entrusted KERPs' propriety to debtors' business judgment by treating them as a use of the ...

The increasing use of pre-bankruptcy executive retention bonuses

Pursuant to these KERPs, Chapter 11 debtors would pay large retention bonuses to certain members of their senior management on the condition ...

Key Employee Retention Plan (KERP) – Devil's Dictionary

Such limitations imposed by BAPCPA have caused Debtors to devise alternatives to KERPs such as “performance incentive plans” (commonly referred to as Key ...

Are KERPs Alive in Essence? The Viability of Executive Incentive ...

Incentive bonus plans are a vast improvement over KERPs; however, if treated in the same exceedingly deferential manner as pre-BAPCPA KERPs, incentive bonus ...

The United States Trustee Program Enforces BAPCPA's Limitations ...

duck (KERP) and quacks like a duck (KERP), it's a duck (KERP).” In re Dana ... senior management are not enough. Instead, the debtor must show that a ...

Bankruptcy Compensation Survey - Post-BAPCPA | Alvarez & Marsal

Because of the changes that BAPCPA brought about and the extent to which those changes crippled KERPs, companies under bankruptcy protection ...

Key Employee Retention under BAPCPA | Law Journal Newsletters

Given that the raison d'etre of KERPs was to retain top management, it is perhaps ironic that debtors now must show that a compensation plan is not ...

BAPCPA Turns Three - Herrick Feinstein LLP

John Moragham and Diane Rallis, BAPCPA's Treatment of. KERPs: A Prime Example of Why Leaving It to the Courts Would. Have Been the Right Idea, available at ...

Replacing key employee retention plans with incentive plans in ...

We find that, following the adoption of this reform, the likelihood of approval of KERPs and their coverage decrease, while those of PIPs increase.

Key Employee Retention Plans, Executive Compensation, and ...

Plans Only Slightly Different from Pre-BAPCPA KERPs.... 1222. D. Judicial ... treatment of executives and the treatment of rank-and-file employees was ...

When the Congress Says “PIP Your KERP”: Performance Incentive ...

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) imposed stringent requirements on Key Employee Retention Plan (KERP) adoptions and ...

An Introduction to the World of Bankruptcy Compensation

Key Employee Incentive Plans (KEIPs). The increased restrictions imposed by the BAPCPA required that companies transition away from KERPs for “ ...

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 ...

Last in Line - Wolfson Bolton Kochis PLLC

ditional KERPs began to fall post-BAPCPA, while reorganization plans with employee incentive pro- grams began to rise.8. Employee incentive programs, unlike ...

BAPCPA and Commercial Credit: Who (SIC) Do You Trust

KERPs (Key Employee Retention Plans) ... some pre-BAPCPA authority for requiring cure under section ... Because of the KERPS 11 debtors pay? /. Oh, Tom ...

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. ...

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 ...

Employee Retention of Calpine | ManagementPedia.com - Business ...

The Treatment of KERPs Post-BAPCPA: An Old KERP with a New Name? Despite the new section 503(c)(1) with its specific test to be applied formulaically, the ...