Bankrupt Yellow Corp. settles remaining pension claims for $526M

Defunct Yellow Corp. has reached settlement agreements with four multiemployer pension plans totaling up to $526 million to resolve remaining withdrawal liability claims.

The deals are supported by its largest shareholder, MFN Partners, and would bring an end to a legal battle that began shortly after the less-than-truckload carrier filed for bankruptcy in August 2023. (Yellow previously agreed to terms with most of the MEPPs it once contributed to on behalf of employees.)

New York State Teamsters Conference Pension and Retirement Fund, Western Conference of Teamsters Pension Trust Fund, and Western Pennsylvania Teamsters and Employers Pension Fund would receive the bulk of the funds. New York Teamsters are seeking approval for a $300 million claim.

A federal bankruptcy court in Delaware has been asked to approve the plan, which “will bring the current multi-year long MEPP litigation in these cases to an end … thus allowing the Liquidating Trust to begin making meaningful distributions to general unsecured claimants.”

As part of the deal, MFN has agreed to drop its pending appeals and will waive its right to file certain legal fees and expenses. If approved, the liquidating trust would be able to make final distributions to creditors. Employee claims for PTO and sick time have been classified as priority and will be paid.

Yellow and MFN previously argued that the MEPPs were fully funded after receiving federal bailout money in 2021, leaving Yellow with no withdrawal liability. Yellow also argued that if it has any liability, the calculations that were used by the pensions and federal regulators were incorrect.

MFN purchased some claims from the pensions, which it previously objected to, as a hedge. This was a point of contention during the three-year legal battle to determine what Yellow owed after abruptly ceasing contributions to the pension plans.

The agreements before the court would “save the estates years of continued litigation and allow creditors to receive meaningful distributions in a timely manner,” the filing said. Yellow’s monthly operating report for June showed it had paid out $293 million in professional fees and expenses since the Chapter 11 case began. It had $593 million in cash.

The U. S. Supreme Court declined to take up Yellow’s pension withdrawal liabilities case earlier this summer. Yellow terminated 3,500 nonunion employees on July 28, 2023, and 22,000 union employees two days later. The company filed for bankruptcy on Aug. 6, 2023. Why it matters?

The deal resolves outstanding pension fund claims, ending three years of legal disputes following Yellow’s August 2023 bankruptcy. This settlement paves the way for the liquidating trust to distribute payments to creditors and former employees. More FreightWaves articles by Todd Maiden: August’s manufacturing PMI dips to 54.

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