Legal Opinion

Supplee v. Bethlehem Steel Corp.

Court of Appeals for the Second Circuit

Decided March 2, 2007No. Docket No. 06-1478-bkPublishedCited by 54 opinions

1Opinion of the Court

SOTOMAYOR, Circuit Judge.

Appellant John P. Supplee, whose employment was terminated without cause by debtor-appellee Bethlehem Steel Corporation (“BSC”) during the pendency of BSC’s Chapter 11 bankruptcy proceedings, asserts that a portion of the early retirement benefits due him under two BSC retirement plans should be recognized as an administrative claim on BSC’s estate. Specifically, he contends that the two plans’ early retirement penalties, which in his view are waived upon termination in certain circumstances, constitute a severance payment that is entitled to administrative priority…

2Cases cited4 opinions

  1. Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.Court of Appeals for the Second Circuit · 1986
  2. Philip Evans v. Richard Ottimo A/K/A Richard J. Ottimo, Joyce Ottimo, A/K/A Joyce Ottimo, A/K/A Joyce Decarlo OttimoCourt of Appeals for the Second Circuit · 2006
  3. In Re Drexel Burnham Lambert Group Inc.United States Bankruptcy Court, S.D. New York · 1991
  4. Straus-Duparquet, Inc. v. Local Union No. 3 International Brotherhood of Electrical WorkersCourt of Appeals for the Second Circuit · 1967

3Cited by54 opinions

  1. Cadle Co. v. Mangan (In Re Flanagan)Court of Appeals for the Second Circuit · 2007
  2. In Re PlourdeBankruptcy Appellate Panel of the First Circuit · 2009
  3. Overbaugh v. Household Bank N.A. (In Re Overbaugh)Court of Appeals for the Second Circuit · 2009
  4. In Re Worldcom, Inc.United States Bankruptcy Court, S.D. New York · 2009
  5. In Re Bayou Group, LLCUnited States Bankruptcy Court, S.D. New York · 2010

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