Legal Opinion

In Re Horsehead Industries, Inc.

United States Bankruptcy Court, S.D. New York

Decided November 5, 2003No. 19-10369PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART THE DEBTORS’ MOTIONS TO REJECT THEIR COLLECTIVE BARGAINING AGREEMENTS AND TERMINATE RETIREE BENEFITS

STUART M. BERNSTEIN, Chief Judge.

The Bankruptcy Code allows a debtor in possession to reject its collective bargaining agreements and terminate its obligations to pay retiree benefits. The debtor must, however, first satisfy the procedural and substantive requirements set out in 11 U.S.C. §§ 1113 and 1114. Here, Horsehead • Industries, Inc. d/b/a Zinc Corporation of America, Horsehead Resource Development Company, Inc., ZCA Mines, Inc.…

2Cases cited8 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. Truck Drivers Local 807, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. Carey Transportation Inc.Court of Appeals for the Second Circuit · 1987
  3. Wheeling-Pittsburgh Steel Corporation, Debtor-In-Possession v. United Steelworkers of America, Afl-Cio-ClcCourt of Appeals for the Third Circuit · 1986
  4. In Re Maxwell Newspapers, Inc.Court of Appeals for the Second Circuit · 1992
  5. In Re Royal Composing Room, Inc., Debtor. New York Typographical Union No. 6 v. Royal Composing Room, Inc.Court of Appeals for the Second Circuit · 1988

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3Cited by15 opinions

  1. In re AMR Corp.United States Bankruptcy Court, S.D. New York · 2012
  2. In Re Mesaba Aviation, Inc.United States Bankruptcy Court, D. Minnesota · 2006
  3. In Re Northwest Airlines Corp.United States Bankruptcy Court, S.D. New York · 2006
  4. In Re Delta Air LinesUnited States Bankruptcy Court, S.D. New York · 2006
  5. In re Chicago Construction Specialties, Inc.United States Bankruptcy Court, N.D. Illinois · 2014

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