§ 1113

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.)
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Commercial case opionion 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.)
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Commercial case opionion 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.)
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Consumer case opionion 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.
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Commercial case opionion 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.
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Commercial case opionion 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.
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Commercial case opionion 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.
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Commercial case opionion 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.
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Commercial case opionion summary, case decided on July 23,2013, LexisNexis #0813-130

In re Patriot Coal Corp.

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.
Ruling: 
Debtor allowed to reject collective bargaining agreements and modify benefits as necessary condition to survival.
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Commercial case opionion summary, case decided on May 29,2013, LexisNexis #0713-028

In re AMR Corp.

After employees of a bankruptcy debtor rejected a negotiated collective bargaining agreement (CBA), the debtor moved to reject the existing CBA pursuant to 11 U.S.C.S. § 1113 based on necessity to the debtor's reorganization. The employees' union objected to the motion.
Ruling: 
Existing collective bargaining agreement could be rejected in absence of negotiated collective bargaining agreement to allow debtor's reorganization.
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Commercial case opionion summary, case decided on September 04,2012, LexisNexis #1012-060

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