Legal Opinion
In Re Palau Corporation, Debtor. National Labor Relations Board v. Edward M. Walsh, Trustee for Palau Corporation, Debtor
Court of Appeals for the Ninth Circuit
Decided March 8, 1994No. 02-16395PublishedCited by 43 opinions
1Opinion of the Court
LEAVY, Circuit Judge:
In this case we must decide whether an unlawfully discharged employee’s claim for backpay is entitled to administrative priority when his claim accrued after the former employer filed a petition in bankruptcy. For the reasons which follow we conclude that the claim is not entitled to priority as an administrative expense of the bankruptcy estate.
FACTS AND PRIOR PROCEEDINGS
On November 3, 1980, the Palau Corporation (“Palau”) laid off two of its employees, Ralph Montoya (“Montoya”) and Michael Cook (“Cook”). Ten days later Montoya filed charges with the National Labor…
2Cases cited8 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Reading Co. v. BrownSupreme Court of the United States · 1968
- Nathanson v. National Labor Relations BoardSupreme Court of the United States · 1952
- In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
- In Re Robert Burns Jensen Rosemary Tooker Jensen, Debtors. California Department of Health Services v. Robert Burns Jensen Rosemary Tooker JensenCourt of Appeals for the Ninth Circuit · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Solá Gutiérrez v. Bengoa BecerraSupreme Court of Puerto Rico · 2011
- In Re David Abercrombie, Debtor. David Abercrombie v. Hayden Corporation, Dba Hillman Properties NorthwestCourt of Appeals for the Ninth Circuit · 1998
- Irmas Family Trust v. Madden (In Re Madden)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In Re Molnar Bros.United States Bankruptcy Court, D. New Jersey · 1996
- Industrial Commission of Arizona v. Solot (In Re Sierra Pacific Broadcasters)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
38 more not listed; retrieve them via the Exa API.