Legal Opinion

Matter of Gee & Missler Services, Inc.

United States Bankruptcy Court, E.D. Michigan

Decided July 2, 1986No. 19-42982PublishedCited by 22 opinions

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

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
  3. Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
  4. Connolly v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1986
  5. J. I. Case Co. v. National Labor Relations BoardSupreme Court of the United States · 1944

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3Cited by22 opinions

  1. Fryman v. Century Factors (In Re Art Shirt Ltd.)District Court, E.D. Pennsylvania · 1988
  2. Johnson v. Beck (In Re Johnson)United States Bankruptcy Court, D. Minnesota · 1990
  3. Teamsters Pension Trust Fund of Philadelphia & Vicinity v. Malone Realty Co. (In Re Malone)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. U.S. Truck Co. v. Teamsters National Freight Industry Negotiating Committee (In Re U.S. Truck Co.)District Court, E.D. Michigan · 1988
  5. 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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