Legal Opinion
In Re Amalgamated Foods, Inc.
United States Bankruptcy Court, C.D. California
Decided July 23, 1984No. Bankruptcy LA 83-02224-JA, LA 83-02225-JAPublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OF DECISION AND ORDER
JOHN D. AYER, Bankruptcy Judge.
INTRODUCTION
This case presents an apparent conflict between the Bankruptcy Code and the Employee Retirement Income Security Act of 1974 (“ERISA”). The underlying dispute involves alleged liability for withdrawal from a pension trust fund. The claimant asserts that any dispute should be carried out through ERISA’s statutory arbitration procedure. The debtor asserts that it may bypass arbitration in favor of the ordinary procedure for dealing with bankruptcy claims. I find that the bankruptcy claims procedure achieves the goal…
2Cases cited16 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Heiser v. WoodruffSupreme Court of the United States · 1946
- Nathanson v. National Labor Relations BoardSupreme Court of the United States · 1952
- Order of Railway Conductors of America v. PitneySupreme Court of the United States · 1946
- In Re Richard Arthur Comer, Debtor. Elaine F. Comer v. Richard Arthur ComerCourt of Appeals for the Ninth Circuit · 1984
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fryman v. Century Factors (In Re Art Shirt Ltd.)District Court, E.D. Pennsylvania · 1988
- In Re T.D.M.A., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1986
- McDonald v. CentraDistrict Court, D. Maryland · 1990
- In Re Continental Airlines Corp.United States Bankruptcy Court, S.D. Texas · 1986
- Interco Inc. v. ILGWU National Retirement Fund (In Re Interco Inc.)United States Bankruptcy Court, E.D. Missouri · 1992
8 more not listed; retrieve them via the Exa API.