Legal Opinion
In re Avaya Inc.
United States Bankruptcy Court, S.D. New York
Decided September 18, 2017No. Case No. 17-10089 (SMB)PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM DECISION REGARDING DETERMINATION OF SUR-VIVORSHIP BENEFITS AS “RETIREE BENEFITS”
STUART M. BERNSTEIN, United States Bankruptcy Judge:
Marlene Clark (“Clark”) is the surviving spouse of Stephan Clark, a former employee/retiree of the Debtors. Following his retirement from Avaya, Mr. Clark was receiving deferred compensation in the form of monthly pension benefits under a supplemental pension plan, and after his death, those benefits became payable to Clark. Clark seeks a determination that these payments are “retiree benefits” within the meaning of 11 U.S.C. § 1114. {Marlene Clark’s…
2Cases cited28 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987
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3Cited by6 opinions
- In re Oi Brasil Holdings Coöperatief U.A.United States Bankruptcy Court, S.D. New York · 2017
- Michael Holland v. Westmoreland Coal CompanCourt of Appeals for the Fifth Circuit · 2020
- Ahuja v. Fleming, IIUnited States Bankruptcy Court, D. Connecticut · 2021
- Fairfield Sentry Limited (In Liquidation) v. Theodoor GGC AmsterdamUnited States Bankruptcy Court, S.D. New York · 2020
- JEFFREY LEE TINDALL and CARMELITA AGARAN TINDALLUnited States Bankruptcy Court, D. Nevada · 2022
1 more not listed; retrieve them via the Exa API.