Teamsters Industrial Security Fund v. World Sales, Inc. (In Re World Sales, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
OVERVIEW
The debtor filed a chapter 11 petition and ceased business operations eighteen days later. The employees’ benefit plan sought administrative priority payment for the debt- or’s monthly contribution to its employees’ health plan and damages due on default under the terms of the debtor’s unrejected collective bargaining agreement and ERISA. The court allowed only 18/31 of the monthly contribution as an administrative expense, allowed the remainder of the contribution and damages as a general unsecured claim, and disallowed a request for attorneys’ fees.…
2Cases cited11 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- 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
- In Re Roth American, Inc., Debtor. Teamsters Local Union No. 401 Health & Welfare Fund International Brotherhood of Teamsters, Local 401Court of Appeals for the Third Circuit · 1992
- 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
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3Cited by16 opinions
- Operating Eng'rs Local 324 v. Bourdow Contracting, Inc.Court of Appeals for the Sixth Circuit · 2019
- In Re Hechinger Investment Company Of DelawareCourt of Appeals for the Third Circuit · 2002
- In Re Ralph Lauren Womenswear, Inc.United States Bankruptcy Court, S.D. New York · 1996
- Boruff v. Cook Inlet Energy LLC (In Re Cook Inlet Energy LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2018
- Gonzalez v. Gottlieb (In Re Metro Fulfillment, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
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