Article
In re Visteon: Third Circuit Expands the Protection of Retiree Benefits in Chapter 11 Cases
On July 13, 2010, the Court of Appeals for the Third Circuit ruled in IUE-CWA v. Visteon Corporation (In re Visteon) that despite a debtor‟s unilateral right to modify or terminate retiree benefits outside of bankruptcy, the debtor must still comply with the restrictions set forth in section 1114 of the Bankruptcy Code when seeking to modify or terminate those benefits during a chapter 11 case.
Fried Frank Harris Shriver & Jacobson


