Matter of Gee & Missler Services, Inc.
United States Bankruptcy Court, E.D. Michigan
1Opinion of the Court
MEMORANDUM OPINION
GEORGE BRODY, Chief Judge.
The question presented is whether a claim against a Chapter 11 debtor for withdrawing from a pension fund created by a collective bargaining agreement is subject to the limitation imposed by Section 502(b)(7) of the Bankruptcy Code. 11 U.S.C. § 502(b)(7) (Supp. II 1984).
The facts have been stipulated by the parties and are as follows:
The Debtor, Gee & Missler Services, Inc., is an employer engaged in the heating and cooling business. From approximately 1981 through July, 1984, the Debtor was a member of an employers’ association known as SMACNA,…
2Cases cited18 opinions
- United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
- John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
- Connolly v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1986
- J. I. Case Co. v. National Labor Relations BoardSupreme Court of the United States · 1944
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3Cited by22 opinions
- Fryman v. Century Factors (In Re Art Shirt Ltd.)District Court, E.D. Pennsylvania · 1988
- Johnson v. Beck (In Re Johnson)United States Bankruptcy Court, D. Minnesota · 1990
- Teamsters Pension Trust Fund of Philadelphia & Vicinity v. Malone Realty Co. (In Re Malone)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- U.S. Truck Co. v. Teamsters National Freight Industry Negotiating Committee (In Re U.S. Truck Co.)District Court, E.D. Michigan · 1988
- 18 Collier bankr.cas.2d 324, Bankr. L. Rep. P 72,196 in Re Prospect Hill Resources, Inc., D/B/A Bass & Company, Debtor. Charles Folsom, Jr. v. Prospect Hill Resources, Inc., D/B/A Bass & CompanyCourt of Appeals for the Eleventh Circuit · 1988
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