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The Effects of Terminating a Pension Plan in Bankruptcy

By Claudia Z. Springer and Daniel A. Zazove

Oftentimes, one of the largest commitments of a company is its ongoing funding obligations under its pension plan. Contribution obligations to a company-sponsored pension plan will often influence the timing of a financially troubled company's bankruptcy filing. An example of this is the Chapter 11 case of United Air Lines (United) and its affiliates. United viewed its obligations to make significant contributions to its pension plans as somewhat incompatible with its need to create a fiscally strong enterprise so as to effectively compete with low- cost carriers that do not have the same economic burdens.

United is not alone in having to grapple with its significant pension liabilities. Declining stock prices, low interest rates, and fierce corporate competition (both domestic and foreign) are causing other large financially distressed companies to consider bankruptcy as a means to terminate or modify existing pension obligations.

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