Bosiger v. US Airways Inc.

Pre 2005-Act: 
Pre 2005-Act
Pilot's claim for improper termination of pension benefits in debtor's first bankruptcy dismissed due to failure to file proof of claim in second bankruptcy.
Procedural posture: 
After defendant airline's emergence from its second bankruptcy, plaintiff, a retired pilot, filed an action, alleging that the airline improperly terminated his pension benefits during the airline's first bankruptcy. The District Court for the Eastern District of Virginia dismissed the pilot's claim because the pilot failed to file a proof of claim during the airline's second bankruptcy. The pilot appealed.
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Commercial case opionion summary, case decided on December 14,2007, LexisNexis #0108-067