In the first appellate court ruling on an important issue in business reorganizations, the U.S. Court of Appeals for the Third Circuit Jan. 15 ruled that the federal bankruptcy code permits a Chapter 11 debtor-employer to reject or modify labor obligations established in a collective bargaining agreement even after the agreement has expired (In re Trump Entm’t Resorts, 2016 BL 11157, 3d Cir., 14-4807, 1/15/16).
The ruling will give Chapter 11 debtors more leeway to seek court relief from post-contract labor obligations that unions refuse to compromise over. It may also make bankruptcy filings more attractive to ...
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