Legal Opinion

National Labor Relations Board v. Walsh (In Re Palau Corp.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 13, 1992No. BAP No. NC-91-2101-MeRPe, Bankruptcy No. 3-80-02354PublishedCited by 18 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

The National Labor Relations Board (“Board”) appeals from the order of the bankruptcy court which denied administrative priority to its claim for postpetition backpay that accrued to an individual wrongfully discharged prepetition by Palau Corporation (“Debtor”).

II

FACTS

The Debtor was a business engaged in repairing ships. From July 1, 1980 to June 30, 1983, the Debtor was party to a collective bargaining agreement which governed its working relationship with its repair and maintenance employees.

On November 3,1980, the Debtor laid off Ralph Montoya (“Montoya”)…

2Cases cited13 opinions

Reading Co. v. BrownSupreme Court of the United States · 1968
In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
Great Western Saving Bank v. Orvco, Inc. (In Re Orvco, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
12 Collier bankr.cas.2d 686, Bankr. L. Rep. P 70,275 in Re Charlesbank Laundry, Inc., Debtor. Shepard A. Spunt v. Charlesbank Laundry, Inc.Court of Appeals for the First Circuit · 1985
In Re Christian Life CenterCourt of Appeals for the Ninth Circuit · 1987

8 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

In Re Palau Corporation, Debtor. National Labor Relations Board v. Edward M. Walsh, Trustee for Palau Corporation, DebtorCourt of Appeals for the Ninth Circuit · 1994
Teamsters Industrial Security Fund v. World Sales, Inc. (In Re World Sales, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
In Re Molnar Bros.United States Bankruptcy Court, D. New Jersey · 1996
In Re Allen Care Centers, Inc.United States Bankruptcy Court, D. Oregon · 1994
Kapernekas v. Continental Airlines, Inc. (In Re Continental Airlines, Inc.)District Court, D. Delaware · 1992

13 more not listed; retrieve them via the Exa API.