· 3/18/1998
San Rafael Baking Co. v. Northern California Bakery Drivers Security Fund (In Re San Rafael Baking Co.)
Citations
- 219 B.R. 860
- 98 Daily Journal DAR 3487
- 98 Cal. Daily Op. Serv. 2462
- 1998 Bankr. LEXIS 367
- 32 Bankr. Ct. Dec. (CRR) 509
- 1998 WL 154726
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that bankruptcy court had no jurisdiction to award benefit payments under an expired collective bargaining agreement, and allowing an administrative claim only for benefits that accrued during month between filing of petition and expiration of labor contract
- “Bankruptcy courts are 10 courts of equity but must follow the law and cannot ignore 11 express statutory commands.”
- “Bankruptcy courts are courts of equity but must follow the law and cannot ignore express statutory commands.”
- “Bankruptcy courts are 10 courts of equity but must follow the law and cannot ignore 11 express statutory commands.”
- all holding that section 1113 is only applicable where a collective bargaining agreement exists at the time the Chapter 11 case is filed
- in the context of a claims hearing, only the NLRB had the authority to interpret the NLRA and bankruptcy court did not have authority to alter an expired agreement
Source: CourtListener parenthetical corpus (CC0).
Judges: Hagan, Ollason, Jones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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