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Bankruptcy Court Lacked Jurisdiction to Approve Pension Termination
The District Court for the Northern District of Illinois has ruled that a bankruptcy court lacks the jurisdiction to approve the involuntary termination of a pension plan because approval of the termination does not involve a “core proceeding” under the Bankruptcy Code. Air Line Pilots Ass'n v. Pension Benefit Guaranty Corp. (In re United Air Lines Inc.), No. 05 C 6955 (Feb 2, 2006).
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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