11th Circ. To Hear Fight Over Shareholder, Pension Payments

By Carolina Bolado (April 21, 2015, 6:38 PM EDT) -- The Eleventh Circuit will grapple Wednesday with the issue of whether a company is insolvent when debt is incurred or when it is paid in a dispute over allegedly improper distributions made by a bankrupt Florida newspaper that could have ripple effects in the private equity industry.

The appeals court is set to hear oral arguments in Montgomery, Alabama, in a dispute between Cox Enterprises Inc. and the Pension Benefit Guaranty Corp. over $13,887,822 in unfunded pension benefit liabilities that the PBGC says should have been paid before News-Journal Corp. made distributions to its shareholder Cox.

At the heart of the...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!