Curriculum Guide · Courses
Employee Benefits Issues in Bankruptcy (Formerly-Employee Benefits Issues for Financially Distressed Individuals & Corps)
Professors Wagner & Eickelberg
LL.M Course 711 | 2 credit hours
This course will focus on both the legal and procedural aspects of handling the affairs of corporations prior to entering, as well as while in bankruptcy. Students will acquire a basic understanding of U.S. bankruptcy law and procedure and then focus on the explicit bankruptcy implications for employee benefit programs. The course will cover the basic structure and procedural aspects of corporate bankruptcy law; the impact of bankruptcy law on qualified and nonqualified ERISA plans (defined benefit, 401(k), health & welfare, executive compensation) and payroll practices; and the role of various parties in a bankruptcy proceeding (the debtor, creditors, the court, bankruptcy trustee, employees/retirees, unions, government agencies (including the DOL, IRS and PBGC)). Students will also examine the alternatives to bankruptcy (corporate workouts) and the legal requirements and constraints associated with avoiding bankruptcy. In addition to a final examination, students will be required to complete a brief writing assignment and will be graded on class participation. Prerequisite Courses: None required, but students who lack a solid understanding of employee benefit plans (including executive compensation) are strongly advised to enroll for the course, "Introduction to Employee Benefits Law," during the first two weeks of the Fall Semester. Employee Benefit Issues in Bankruptcy will count towards the Tax LL.M., Securities LL.M., and toward the EB Certificate
No prerequisites required for LL.M. students, but LL.M. students who lack a solid understanding of employee benefit plans (including executive compensation) are strongly advised to enroll for the course, Introduction to Employee Benefits Law, during the first two weeks of the Fall Semester. Prerequisite for J.D. students: Prior or concurrent enrollment in Introduction to Employee Benefits or Retirement Income: Taxation and Regulation with Professor Gaudreau.