United Food & Commercial Workers Union, Local 211 v. Family Snacks, Inc. (In Re Family Snacks, Inc.)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
DREHER, Bankruptcy Appellate Panel Judge.
This appeal raises two questions of apparent first impression as to the interpretation of § 1113 of the Bankruptcy Code. The first is whether a debtor in a Chapter 11 case can reject a collective bargaining agreement even after it has sold virtually all of its assets. The bankruptcy court held that § 1113 did not permit rejection following such a sale. The second is whether the court’s denial of a debtor’s application for leave to reject its collective bargaining agreement results, ipso facto, in an assumption of such agreement. The bankruptcy court…
2Cases cited71 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- United States v. James C. DunkelCourt of Appeals for the Seventh Circuit · 1991
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
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