Legal Opinion
In Re Mile Hi Metal Systems, Inc., Debtor. Sheet Metal Workers' International Association, Local 9 v. Mile Hi Metal Systems, Inc.
Court of Appeals for the Tenth Circuit
Decided March 20, 1990No. 86-2912PublishedCited by 41 opinions
1Opinion of the Court
STEPHEN H. ANDERSON, Circuit Judge.
This appeal requires us to interpret for the first time 11 U.S.C. § 1113 (“section 1113”), which sets forth the procedures and conditions under which a debtor-in-possession or trustee may reject a collective bargaining agreement. At the heart of this matter is the requirement in section 1113(b)(1)(A) that the debtor make a proposal which sets out:
“those necessary modifications in the employees [sic] benefits and protections that are necessary to permit the reorganization of the debtor and assures that all creditors, the debtor and all of the affected parties…
2Cases cited32 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Garcia v. United StatesSupreme Court of the United States · 1985
- Federal Communications Commission v. Pacifica FoundationSupreme Court of the United States · 1978
- Truck Drivers Local 807, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. Carey Transportation Inc.Court of Appeals for the Second Circuit · 1987
27 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Fish v. KobachCourt of Appeals for the Tenth Circuit · 2016
- In Re Leslie Fay Companies, Inc.United States Bankruptcy Court, S.D. New York · 1994
- Navajo Nation v. DalleyCourt of Appeals for the Tenth Circuit · 2018
- United Food & Commercial Workers Union, Local 770 v. Official Unsecured Creditors Committee (In Re Hoffman Bros. Packing Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- 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 · 2001
36 more not listed; retrieve them via the Exa API.