Legal Opinion
Theobald Industries, Inc. v. Local 786, International Chemical Workers Union (In Re Theobald Industries, Inc.)
United States Bankruptcy Court, D. New Jersey
Decided June 11, 1981No. 19-11717PublishedCited by 13 opinions
1Opinion of the Court
OPINION
D. JOSEPH DeVITO, Bankruptcy Judge.
The issue here is essentially jurisdictional, specifically whether an unfair labor practice procedure before the National Labor Relations Board (N.L.R.B.) is subject to the automatic stay provisions of 11 U.S.C. § 362, and/or is otherwise subject to the jurisdiction of the Bankruptcy Court.
The following essentially factual and procedural history is largely undisputed:
1. On December 21, 1976 the debtor and Union Local 786, International Chemical Workers Union, entered into a three-year collective bargaining agreement.
2. On August 8, 1980 the union…
2Cases cited6 opinions
- National Labor Relations Board v. Evans Plumbing CompanyCourt of Appeals for the Fifth Circuit · 1981
- In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Respondents, and United States of America, Intervenor. In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Appellees, and United States of America, IntervenorCourt of Appeals for the Eighth Circuit · 1981
- Schatzman v. Department of Health & Rehabilitative Services, Florida (In Re King Memorial Hospital, Inc.)United States Bankruptcy Court, S.D. Florida. · 1980
- In Re Unit Parts Co.District Court, W.D. Oklahoma · 1981
- Andrews v. Blue Cross & Blue Shield of Michigan (In Re Clawson Medical, Rehabilitation & Pain Care Center, P.C.)United States Bankruptcy Court, E.D. Michigan · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- National Labor Relations Board v. Edward Cooper Painting, Inc., and Cooper & Cooper Painting, an Alter EgoCourt of Appeals for the Sixth Circuit · 1986
- National Labor Relations Board v. Continental Hagen CorporationCourt of Appeals for the Ninth Circuit · 1991
- Baldwin-United Corp. v. Paine Webber Group, Inc. (In Re Baldwin-United Corp.)District Court, S.D. Ohio · 1985
- Brock v. Career Consultants, Inc. (In Re Career Consultants, Inc.)United States Bankruptcy Court, E.D. Virginia · 1988
- Greenwald v. Axelrod (In Re Greenwald)United States Bankruptcy Court, S.D. New York · 1983
8 more not listed; retrieve them via the Exa API.