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Bankrupt Yellow accepts pensions worth billions

Yellow Corp. has settled with 14 pension funds that sought more than $7,4 billion in compensation from the trucking company.

According to settlement documents filed in Delaware bankruptcy court on Wednesday, the pension plans have agreed to accept a reduced payment. This will put an end to years of litigation regarding Yellow's claims that it cannot pay. It will also allow Yellow's junior creditor to receive up to $7.4million from proceeds from its bankruptcy sales.

Yellow closed in 2023 after a dispute between its employees and the union that represented them. It sold its assets, which included its truck fleet, its shipping terminals and other real estate, in bankruptcy. These sales were more than enough for Yellow to pay off its top creditors and the government-backed COVID-19 Pandemic Relief Loan, but left other creditors like pension plans fighting to recover a fraction.

The company lost its appeal in September over pension claims, but it still does not have the money to pay for more than a small fraction of those claims. The company anticipates having between $600 and $700 millions to pay off all creditors including pension plans.

Court documents indicate that the $7.4million set aside for junior creditor may be reduced, if Yellow Corp has less than $550M in cash when it declares bankruptcy.

Yellow challenged in its legal battle against the pension plans two regulations of the Pension Benefit Guaranty Corporation that limited how employers and pension funds could use pandemic aid funds to calculate employers' pension liabilities.

The 3rd U.S. Circuit Court of Appeals in Philadelphia upheld the PBGC rules on appeal. The 3rd U.S. Circuit Court of Appeals in Philadelphia upheld the PBGC's rules. They said that they supported the 2021 American Rescue Plan Act, which aims to give billions of dollars for underfunded multiemployer plans. Dietrich Knauth (Reporting, Alexia Garamfalvi and Diane Craft; Editing)

(source: Reuters)