- 11 U.S.C.
In re T.A. Brinkoetter & Sons Inc.
Mar
28
2012
Ruling
Interest, but not penalties, on late payments under collective bargaining agreement was nondischargeable.
Procedural posture
When a chapter 11 debtor in possession (DIP) failed to timely pay postpetition fringe benefits under a collective bargaining agreement (CBA) that it did not reject under 11 U.S.C. § 1113, movants, the pension and welfare funds to which the payments were owed, asked the court to grant administrative expense status to those debts. The court treated the matter as a motion under Fed. R. Bankr. P. 9013 and 9014.
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Court
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