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Avaya Retiree's Widow Loses Bid to Secure Pension Payments
Bloomberg BNA
Sept. 20, 2017
"The survivor benefit ... received by the widow is an unsecured debt and not a 'retiree benefit' as defined by the code, [the bankruptcy court for the Southern District of New York] held Sept. 18. The benefit is based on the widow's right to receive her late husband's deferred compensation, and Avaya's obligation to make those payments doesn't convert a pension payment into a 'retiree benefit' protected by the code, he said." [In re Avaya Inc., No. 17-10089 (Bankr. S.D.N.Y. Sept. 18, 2017)]
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