Legal Opinion

In Re Child World, Inc.

United States Bankruptcy Court, S.D. New York

Decided October 30, 1992No. 19-10280PublishedCited by 24 opinions

1Opinion of the Court

DECISION ON MOTION FOR ORDER AUTHORIZING REJECTION OF CERTAIN CONTRACTS

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The debtor in this case, Child World, Inc., seeks to reject, pursuant to 11 U.S.C. § 365(a), twenty-two employment contracts with some of its key employees whose employment was previously terminated by the debtor during the post-Chapter 11 period and after the debtor decided to liquidate its business. The debtor’s admitted objective is to take advantage of 11 U.S.C. § 365(g)(1), which characterizes claims arising under a post-petition rejection as pre-petition unsecured claims rather…

2Cases cited21 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
  3. Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.Court of Appeals for the Second Circuit · 1986
  4. In the Matter of Arthur D. And Patricia Newcomb, Debtors. Thomas J. Carlson, Trustee v. Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1984
  5. Cohen v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.)United States Bankruptcy Court, S.D. New York · 1992

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3Cited by24 opinions

  1. COR Route 5 Co. v. Penn Traffic Co.Court of Appeals for the Second Circuit · 2008
  2. Phoenix Exploration, Inc. v. Yaquinto (In Re Murexco Petroleum, Inc.)Court of Appeals for the Fifth Circuit · 1994
  3. In Re Riodizio, Inc.United States Bankruptcy Court, S.D. New York · 1997
  4. In Re Spectrum Information Technologies, Inc.United States Bankruptcy Court, E.D. New York · 1996
  5. Sterling Vision, Inc. v. Sterling Optical Corp. (In Re Sterling Optical Corp.)United States Bankruptcy Court, S.D. New York · 2003

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