United Food & Commercial Workers Union, Local 770 v. Official Unsecured Creditors Committee (In Re Hoffman Bros. Packing Co.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
The debtor in possession failed to make postpetition contributions to its employees’ health plans and pension funds in breach of its obligation under collective bargaining agreements (CBAs) with its unions. It sought and was granted an interim order pursuant to 11 U.S.C. § 1113(e) providing prospective downscaling of benefits in four CBAs and sanctioning, nunc pro tunc, certain post-petition breaches. Subsequently, the court authorized the debtor to reject the CBAs. On appeal by one of the unions affected, we AFFIRM the interim order, but REVERSE and VACATE its…
2Cases cited20 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- National Labor Relations Board v. KatzSupreme Court of the United States · 1962
- Laborers Health & Welfare Trust Fund v. Advanced Lightweight Concrete Co.Supreme Court of the United States · 1988
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3Cited by26 opinions
- In Re Thinking MacHines Corporation, Debtor. Thinking MacHines Corporation v. Mellon Financial Services Corporation 1Court of Appeals for the First Circuit · 1995
- United Food & Commercial Workers Union, Local 211 v. Family Snacks, Inc. (In Re Family Snacks, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
- Hopkins v. Suntrust Mortgage, Inc. (In Re Ellis)United States Bankruptcy Court, D. Idaho · 2010
- 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 Northwest Airlines Corp.United States Bankruptcy Court, S.D. New York · 2006
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