Legal Opinion
In Re Verasun Energy Corp.
United States Bankruptcy Court, D. Delaware
Decided March 26, 2012No. 08-12792PublishedCited by 4 opinions
1Opinion of the Court
OPINION 1
BRENDAN LINEHAN SHANNON, Bankruptcy Judge.
Before the Court are proofs of claim filed by four former high-level executives at VeraSun Energy Corp., the debtor in these chapter 11 cases. The executives claim to be owed money under “change in control agreements” that they signed in connection with a pre-bankruptcy merger. VeraSun objects to the executives’ claims, 2 arguing that they exceed the cap that § 502(b)(7) of the Bankruptcy Code imposes on claims resulting from the termination of employment contracts.
The objection is sustained. The Court holds that the § 502(b)(7) cap applies…
2Cases cited18 opinions
- Mason v. Official Committee of Unsecured Creditors Ex Rel. FBI Distribution Corp. (In Re FBI Distribution Corp.)Court of Appeals for the First Circuit · 2003
- International Business Lists, Inc., Cross-Appellee v. American Telephone and Telegraph Co.Court of Appeals for the Seventh Circuit · 1998
- Baltzer v. Raleigh & Augusta RailroadSupreme Court of the United States · 1885
- Talley v. TalleySouth Dakota Supreme Court · 1997
- In Re Uly-Pak, Inc.United States Bankruptcy Court, S.D. Illinois · 1991
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3Cited by4 opinions
- In re Texas Wyoming Drilling, Inc.United States Bankruptcy Court, N.D. Texas · 2013
- Madden v. Morelli (In re Energy Conversion Devices, Inc.)United States Bankruptcy Court, E.D. Michigan · 2016
- In re 21ST Century Oncology Holdings, Inc.United States Bankruptcy Court, S.D. New York · 2019
- In Re: 21st Century Oncology Holdings, Inc.Court of Appeals for the Second Circuit · 2020