Legal Opinion

In Re T.D.M.A., Inc.

United States Bankruptcy Court, E.D. Pennsylvania

Decided November 13, 1986No. 19-10314PublishedCited by 29 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

We are herein presented with a motion filed by a labor union and its trustees urging us to refer the determination of the Debtor-employer’s “withdrawal liability” to the union under a collective-bargaining retirement plan to arbitration. This motion causes us to weigh potentially conflicting provisions in two (2) federal laws, i.e., the policy of the Bankruptcy Code in assuring that all claims against the debtor are resolved in a single forum, with the policy of requiring that disputes over “withdrawal liability” initially are to be considered in…

2Cases cited25 opinions

  1. Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
  2. Nachman Corp. v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1980
  3. Nathanson v. National Labor Relations BoardSupreme Court of the United States · 1952
  4. Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.Court of Appeals for the Second Circuit · 1986
  5. United States Fidelity & Guaranty Co. v. BraySupreme Court of the United States · 1912

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3Cited by29 opinions

  1. Central States, Southeast and Southwest Areas Pension Fund v. Burton SlotkyCourt of Appeals for the Seventh Circuit · 1992
  2. Fryman v. Century Factors (In Re Art Shirt Ltd.)District Court, E.D. Pennsylvania · 1988
  3. In Re Stranahan Gear Company, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1986
  4. In Re Gulph Woods Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1988
  5. Joshua Slocum, Ltd. v. Boyle (In Re Joshua Slocum, Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1989

24 more not listed; retrieve them via the Exa API.

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