Bankruptcy & Insolvency News: December 2001

Topics:
Bankruptcies
Tags:
Bankruptcy,
Business Operations,
Collective Bargaining,
Human Resources,
Klett Rooney Lieber & Schorling,
Labor Relations,
Litigation
Source:
Klett Rooney Lieber & Schorling

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Overview: This issue includes articles with titles: Collective Bargaining Agreement May Be Rejected After Orderly Liquidation of Debtor’s Assets; Third Circuit Adopts Labor Standard to Determine Parent and Lender Liability For Warn Act Obligations of Subsidiary; Recoupment Is An Affirmative Defense And Is Lost If Not Pled In Lender Liability Action; Four-Year Statute Of Limitations In Uniform Fraudulent Transfer Act Runs From The Date Of Default; Ninth Circuit Addresses 506(c) Issues Left Open by Supreme Court In Hartford Underwriters v. Union Planters Bank (In re Hen House); Material Non-Monetary Defaults May Not Be Cured Under Section 365. The first article briefs that the Bankruptcy Appellate Panel for the Eighth Circuit has held “reorganization” as that term is used in Section 1113 of the Bankruptcy Code includes an orderly liquidation, and that a collective bargaining agreement cannot be assumed by either inaction or as a consequence of the court’s denial of a motion to reject the collective bargaining agreement. To know about other articles render a reading.

(Is this item miscategorized? Does it need more tags? Let us know.)

Format: PDF | Size: 127KB | Date: Dec 2001 | Pages: 4


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