The decision provides that in some cases pension funding obligations can rank ahead of DIP security and security on working capital assets of an organization, and that organizations have a duty to plan members to keep them informed of key steps in financial restructurings, to serve them with formal notice of proceedings in CCAA cases, and to defend the priority provided by the PBA to pension
claims over other creditor claims.
The decision to seek a windup of Sears» pension plan will protect employees» ability to argue that they should receive
priority over other creditors.
In other words, the court knows that you're likely to choose to repay
them over other creditors.
to void, as against the creditors of the person a consent judgment given by a person to those creditors, being at the time in insolvent circumstances or unable to pay his, her or its debts in full or knowing himself, herself or itself to be on the eve of insolvency, voluntarily or by collusion with a creditor with intent thereby to defeat, hinder, delay or prejudice creditors wholly or in part, or to give one or more creditors a preference
over other creditors or over any one or more of them;