In re Cornell & Co.

OPINION

DAVID A. SCHOLL, Chief Judge.

A INTRODUCTION

The instant proof of claim litigation requires us to analyze several aspects of 11 U.S.C. § 507(a)(4) which appears to have escaped significant previous judicial scrutiny. We hold, consistent with the union’s position in the matter before us, that this Code section extends fourth priority classification to all employee-benefit plan indebtedness arising within 180 days of a bankruptcy filing to which pre-petition payments by the debtor have not been allocated. We also hold that *684the limitation to the extent of liability under § 507(a)(4)(B) is…