Q: I received a monthly pension payment from my late husband's company. just rec'd notice, company if filing bankruptcy.
I need to know, what to do so as not to loose the payment. The Company is in Tuscaloosa County, and I live in Mobile County, alabama
A: You should contact an attorney who handles E.R.I.S.A (Employee Retirement Income Security Act ) law. The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans. The retirement plan may be transferred to the Pension Benefit Guarantor Corp., which is a federal insurance agency that protects pension plans (http://www.pbgc.gov/) Unfortunately, some of your benefits may be reduced or modified in the context of the employer's Chapter 11 case. This is why you should contact an attorney who handles ERISA law. You also may have a filing deadline to prepare and file a Proof of Claim in the Ch 11 case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
