Roman Catholic Church of the Archdiocese of New Orleans, n re
Aug
31
2022
Ruling
Debtor diocese failed to carry its burden of showing necessity for post-petition payment ofpre-petition general maintenance obligations to retired priests credibly accused of abuse.(Bankr. E.D. La.)
Issue(s)
Payment of Insurance Benefits to Retired Employees; Payment and Modification.
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Court
:
- 11 U.S.C.
Westmoreland Coal Co., In re
Aug
04
2020
Ruling
Bankruptcy court properly held that debtor's Coal Act obligations under the Coal IndustryRetiree Health Benefit Act of 1992 were "retiree benefits" and could be modified. (5th Cir.)
Issue(s)
Payment of Insurance Benefits to Retired Employees.
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:
Judge or Jurisdiction information not available
In re Northern New Eng. Tel. Operations LLC
Feb
11
2014
Ruling
City's motion for payment of taxes for which it had not filed timely proofs of claim and filed after confirmation disallowed as untimely and extinguished.
Issue(s)
Was city entitled to payment of taxes for which it did not file timely proofs of claim pursuant to motion filed after confirmation?
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Court
:
In re Chemtura Corp.
Apr
08
2011
Ruling
Modification or termination of post-employment benefit plans for debtor's former executives allowed over objections with the exception of provision for medical and dental coverage.
Procedural posture
Chapter 11 debtors filed a motion for entry of an order authorizing the modification or termination of certain post-employment benefit plans. Six former executives filed objections.
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Court
:
- 11 U.S.C.
Visteon Corp. v. Visteon Corp.
Jul
13
2010
Ruling
Bankruptcy and district courts erred in allowing debtor to terminate retiree benefit plans that were terminable at will without complying with §1114.
Procedural posture
Appellee chapter 11 debtor moved for permission to terminate retiree benefit plans. The bankruptcy court granted the motion as to most retiree benefits without requiring compliance with the procedures set forth in 11 U.S.C.S. § 1114. The United States District Court for the District of Delaware affirmed. Appellant union appealed.
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Court
:
Judge or Jurisdiction information not available
In re Arclin US Holdings Inc.
Oct
09
2009
Ruling
Medical benefits provided to debtor's former employee as part of early retirement package could not be modified.
Procedural posture
The creditor, a former employee of one of the debtors who took early retirement, asked for reinstatement of certain payments and medical benefits that the debtors had been paying to him pursuant to his prepetition separation agreement, as governed by 11 U.S.C.S. § 1114(a).
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Court
:
- 11 U.S.C.
In re Delphi Corp.
Feb
25
2009
Ruling
Debtor authorized to terminate employee benefits concurrent with order for appointment of committee of retired employees.
Procedural posture
Debtor and certain subsidiaries and affiliates (debtors) asked the court to confirm their authority to terminate posthaste certain employee benefits including eliminating eligibility for employer-paid post-retirement health care benefits for certain salaried employees, ceasing contributions to other health care accounts, and terminating other similar benefits. Other interested parties moved for the appointment of a committee of retired employees.
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Court
:
- 11 U.S.C.
McMillan v. LTV Steel Inc.
Feb
05
2009
Ruling
Employee's administrative expense claim for retirement benefits properly denied as he became entitled to the benefits prior to petition date.
Procedural posture
Debtor employer filed a voluntary petition for chapter 11 bankruptcy. Plaintiff retired employee was granted leave to file administrative expense claims for unpaid pension funds, severance benefits, and backpay under 11 U.S.C.S. § 503(a). The District Court for the Northern District of Ohio upheld the bankruptcy court's denial of the employee's claim based on the employer's objection. The employee appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Official Comm. of Unsecured Creditors of Tower Automotive v. Debtors & Debtors in Possession (In re Tower Automotive Inc.)
Dec
15
2006
Ruling
Settlement with unions and retirees establishing trust and guaranteeing minimum 20% recovery was proper and in best interests of all parties.
Procedural posture
After filing a motion to reject collective bargaining agreements pursuant to 11 U.S.C. § 1113 and to modify retiree benefits pursuant to 11 U.S.C. § 1114, appellee debtor reached retiree settlements with appellee unions and appellee retiree committee. Appellant creditors committee, which had supported the debtor's 11 U.S.C. §§ 1113 and 1114 motion, sought review of orders of the bankruptcy court approving the settlements.
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Court
:
In re A.C.E. Elevator Co.
Jun
23
2006
Ruling
Payment of delinquent employee benefit plan contributions ordered subject to determination of extent contributions were entirely in respect of benefits for retirees, spouses and dependents.
Procedural posture
Creditor trustees of a multiemployer employee benefit plan moved for an order directing the debtor employer to pay delinquent plan contributions, interest, liquidated damages, and attorney's fees and costs, asserting such costs were expenses entitled to administrative priority under 11 U.S.C. §§ 365(b)(1), 503(b)(1)(A), 507(a)(1), 1113(f) and 1114(e).
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Court
: