Legal Opinion
Metropolitan Distribution Services, Inc. v. Local 153 Opeiu (In Re Golden Distributors, Ltd.)
District Court, S.D. New York
Decided July 27, 1992No. 92 Civ. 0368 (CLB)PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BRIEANT, Chief Judge.
Debtor-Appellant Metropolitan Distribution Service, Inc. appeals from a final order of the Hon. Howard Schwartzberg, Bankruptcy Judge, filed on December 17, 1991 which determined the priority of benefit claims of former employees of the debtor.
The Bankruptcy Court held that claims of non-union employees for severance pay are allowed under Section 503(b) and constitute administrative expenses pursuant to Section 507(a)(1), where the termination occurred after the bankruptcy filing date and even though the calculation of such pay is based, in part, upon…
2Cases cited4 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.Court of Appeals for the Second Circuit · 1986
- Air Line Pilots Ass'n, International v. ShugrueSupreme Court of the United States · 1991
- In Re Golden Distributors, Ltd.United States Bankruptcy Court, S.D. New York · 1991
3Cited by11 opinions
- In Re Spectrum Information Technologies, Inc.United States Bankruptcy Court, E.D. New York · 1996
- In Re Jamesway Corp.United States Bankruptcy Court, S.D. New York · 1996
- International Brotherhood of Teamsters v. Kitty Hawk International, Inc. (In Re Kitty Hawk, Inc.)United States Bankruptcy Court, N.D. Texas · 2000
- Air Line Pilots Ass'n, International v. Shugrue (In Re Ionosphere Clubs, Inc.)District Court, S.D. New York · 1993
- In Re Certified Air Technologies, Inc.United States Bankruptcy Court, C.D. California · 2003
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