Legal Opinion

Plaintiff's Class in New Jersey Actions v. Elsinore Corp. (In Re Elsinore Corp.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 23, 1998No. BAP No. NV-97-1544-MeRRy, Bankruptcy Nos. 95-24685-RCJ, 95-24689-RCJ, 95-24688-RCJ and 95-24686-RCJPublishedCited by 1 opinion

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge.

I

The debtor was a holding company which had interests in several hotels and casinos, including the Atlantis Hotel and Casino (“Atlantis”) in New Jersey. Former employees of the Atlantis sought priority treatment under 11 U.S.C. § 507(a)(3) for wages earned within 90 days of the cessation of the Atlantis. The bankruptcy court ruled that since the debtor was still functioning as a business at the time the Atlantis ceased operations, the former employees could not receive priority for wages “earned within 90 days before the date of ... the cessation of the…

2Cases cited8 opinions

  1. North American Co. v. Securities & Exchange CommissionSupreme Court of the United States · 1946
  2. Taber Partners, I v. Merit Builders, Inc.Court of Appeals for the First Circuit · 1993
  3. Danjaq, S.A. v. Pathe Communications Corporation Mgm-Pathe Communications Co. Tracinda Corporation Kirk Kerkorian Mgm/ua Communications Co.Court of Appeals for the Ninth Circuit · 1992
  4. Allied Chemical Corp. v. United StatesUnited States Court of Claims · 1962
  5. Boatwright v. Rau (In Re Rau)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990

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3Cited by1 opinion

  1. Etzelsberger v. Fisker Automotive Holdings, Inc.United States Bankruptcy Court, D. Delaware · 2019

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