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§ 1113

Rosa Mosaic & Tile Co., In re

Ruling
Chapter 11 debtor was entitled to rejection of a collective bargaining agreement as the debtorsufficiently showed that it satisfied the nine requirements for having its motion granted.(Bankr. W.D. Ky.)
Issue(s)
Rejection of Collective Bargaining Agreements.

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Commercial opinion summary, case decided on August 11, 2022 , LexisNexis #1022-037

Verity Health Sys. of Cal., Inc., In re

Ruling
Rejection, termination, and abrogation of the collective bargaining agreement granted as fairand equitable. (Bankr. C.D. Cal.)
Issue(s)
Rejection of Collective Bargaining Agreements.

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Commercial opinion summary, case decided on July 31, 2020 , LexisNexis #0920-043

Mission Coal Co., LLC, In re

Ruling
Rejection of collective bargaining agreements allowed to preserve jobs and avoid valuedestructive liquidation for all creditors. (Bankr. N.D. Ala.)
Issue(s)
Rejection of Collective Bargaining Agreements.

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Commercial opinion summary, case decided on March 01, 2019 , LexisNexis #0519-020

Pj Rosaly Enters., In re

Ruling
Court granted debtor's request to reject a collective bargaining agreement as the debtor's final proposed modifications were fair and equitable. (Bankr. D.P.R.)
Issue(s)
Rejection of Collective Bargaining Agreements.

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Consumer opinion summary, case decided on December 07, 2017 , LexisNexis #0118-055

In re Alpha Natural Res. Inc.

Ruling
Debtor coal company could reject collective bargaining agreements and modify retiree benefit obligations.
Issue(s)
Could debtor coal company reject collective bargaining agreements with union and to modify retiree benefit obligations to the union funds?

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Commercial opinion summary, case decided on May 24, 2016 , LexisNexis #0616-101

In re Walter Energy Inc.

Ruling
Debtor could reject collective bargaining agreements in order to facilitate sale of business as a whole.
Issue(s)
Could debtor reject collective bargaining agreements in order to facilitate the sale of substantially all its assets?

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Commercial opinion summary, case decided on December 28, 2015 , LexisNexis #0116-102

Krakowski v. American Airlines Inc. (In re AMR Corp.)

Ruling
Pilots and union for airline acquired by debtor airline not entitled to injunction enjoining arbitration of issue of pilot seniority where collective bargaining agreement had previously been abrogated.
Issue(s)
Were pilots from an airline acquired by debtor airline and their union entitled to a stay an of upcoming arbitration to integrate the seniority of pilots from debtor and another airline with which debtor merged?

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Commercial opinion summary, case decided on May 19, 2015 , LexisNexis #0615-098

Patriot Coal Corp. v. Peabody Holding Co. LLC (In re Patriot Coal Corp.)

Ruling
Debtor was required to comply with individual employer plan after rejection of "me too" collective bargaining agreement.
Issue(s)
Were debtor's obligations to provide retiree benefits affected by rejection of a "me too" collective bargaining agreement, individually negotiated with the union and referencing the relevant wage agreement.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 21, 2013 , LexisNexis #0913-060

In re MCD Plumbing Inc.

Ruling
Motion to reject collective bargaining agreement denied where union had good cause to reject debtor's proposal and debtor could reorganize absent rejection.
Issue(s)
Whether a debtor, which was a contractor, was entitled, pursuant to 11 U.S.C.S. §1113, to reject a collective bargaining agreement with a labor union.

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Commercial opinion summary, case decided on July 23, 2013 , LexisNexis #0813-130

In re Patriot Coal Corp.

Ruling
Debtor allowed to reject collective bargaining agreements and modify benefits as necessary condition to survival.
Procedural posture

The matter before the court was the motion to reject collective bargaining agreements (CBA) and to modify retiree benefits pursuant to 11 U.S.C.S. §§ 1113, 1114 and one stakeholder's objection to the motion to reject collective bargaining agreements and to modify retiree benefits pursuant to 11 U.S.C.S. §§ 1113 and 1114.

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Commercial opinion summary, case decided on May 29, 2013 , LexisNexis #0713-028