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Fifth Circuit: Coal Act Retiree Benefits Can Be Modified Under Bankruptcy Code
Thomson Reuters Practical Law Aug. 7, 2020 "[S]uccessor liability for a company's Coal Act retiree health obligations can become a major issue when the company later attempts to sell its assets. A framework in which these obligations are subject to modification therefore may be beneficial to both a company and its potential buyers. As the Fifth Circuit emphasizes, its holding in this decision is consistent with other circuits that have ruled on the issue and concluded that Coal Act obligations are subject to modification." [In re Westmoreland Coal Co., No. 19-20066 (5th Cir. Aug. 4, 2020)] |
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