In the Matters of Thomas E. Crippin, Jr., Steven Bruce and Paula Bruce, Debtors. Appeals of Pie Nationwide, Inc., F/k/a Ryder/pie Nationwide, Inc
Court of Appeals for the Seventh Circuit
1Opinion of the Court
MANION, Circuit Judge.
These consolidated appeals present the issue of whether debtors could treat their agreements to participate in an Employee Stock Ownership Plan (ESOP) as an exec-utory contract and reject that contract in bankruptcy (and hence discontinue their participation) pursuant to 11 U.S.C. § 365. The practical effect of rejection in these cases is to allow the debtors to rescind a 15 percent wage reduction they had agreed to as a condition of their eligibility to participate in the ESOP. The bankruptcy court and the district court allowed the debtors to reject their agreements to…
2Cases cited9 opinions
- In Re Lawrence N. Jolly, Debtor. Chattanooga Memorial Park v. C. Kenneth Still, Chapter Xiii TrusteeCourt of Appeals for the Sixth Circuit · 1978
- In Re Pacific Express, Inc.Court of Appeals for the Ninth Circuit · 1986
- White Motor Corp. v. Nashville White Trucks, Inc. (In Re Nashville White Trucks, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1980
- In Re William J. Schnabel and Alice M. Schnabel, Bankrupts. Appeal of Mitchell D. Serrano and Martha L. SerranoCourt of Appeals for the Seventh Circuit · 1980
- Matter of Executive Technology Data SystemsUnited States Bankruptcy Court, E.D. Michigan · 1987
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3Cited by22 opinions
- Uselton v. Commercial Lovelace Motor Freight, Inc.Court of Appeals for the Tenth Circuit · 1991
- Federal Deposit Insurance Corporation v. Ernst & Young LLPCourt of Appeals for the Seventh Circuit · 2004
- In Re National Steel Corp.United States Bankruptcy Court, N.D. Illinois · 2004
- In Re Resource Technology Corp.United States Bankruptcy Court, N.D. Illinois · 2000
- Brown v. General Motors Corp.District Court, W.D. Wisconsin · 1993
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