United Food & Commercial Workers Union, Local 770 v. Official Unsecured Creditors Committee (In Re Hoffman Bros. Packing Co.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that a contracting party “should be bound not only by the language it chose to 8 use but also by what it chose to omit”
• noting that “ § 1113 was intended to overturn Bildisco’s 5-4 decision allowing unilateral rejection of a CBA by a Chapter 11 debtor, and to resolve the debate over the standard to be adopted for authorizing rejection by the court”
• “Section 105 must in all cases be carefully construed so as to implement and fit the specific provisions of the Bankruptcy Code”
• “§ 1113 does not preclude rejection of collective bargaining agreements where the purpose or plan of the debtor is to liquidate by a going concern sale of the business.”

Source: CourtListener parenthetical corpus (CC0).