Kodak Seeks Extension Of Stay To Cover Underlying Discrimination Lawsuit

NEW YORK - Bankrupt Eastman Kodak Co. on May 18 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York contending that the automatic stay should be extended to cover a lawsuit filed by a former employee who claims that he was the victim of racial discrimination (In Re: Eastman...

Bankrupt Hostess CEO: Deal With Union Close, May Pave Way Out Of Chapter 11

NEW YORK - The CEO of bankrupt Hostess Brands Inc. on Aug. 20 sent a letter to employees indicating that the company had reached a breakthrough with its largest union regarding modification to the collective bargaining agreement (CBA), which may help pave the way for Hostess to emerge from bankruptcy...

8th Circuit: Debtor Not Agent Of Health Care Provider; Case Dismissed

ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on Sept. 21 ruled that a health care company was not liable for payments missed by a bankrupt agency because the debtor was not an agent of the health care services provider (New Millennium Consulting Inc., et al. v. United HealthCare Services...

Government Pension Agency Sues Bankrupt RG Steel Parent Renco Group, Alleges Fraud

NEW YORK - The Pension Benefit Guaranty Corp. (PBGC) sued The Renco Group Inc. in the U.S. District Court for the Southern District of New York on Jan. 28, alleging fraud and negligent misrepresentation regarding a deal it consummated just before the Chapter 11 bankruptcy filing of its subsidiary RG...

5th Circuit: Flexible Flyer Did Not Violate WARN Act In Filing For Bankruptcy

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on Feb. 11 affirmed a bankruptcy court's ruling that a company did not violate federal employment law when it suddenly filed for bankruptcy, closed its plan and conducted mass layoffs because those developments were not foreseeable...

Bankruptcy Judge: WARN Claim Against Dewey & LeBoeuf May Proceed As Class Action

NEW YORK - A federal bankruptcy judge on Feb. 11 ruled that a putative class action asserting claims under the Worker Adjustment and Renotification (WARN) Act against bankrupt law firm Dewey & LeBoeuf could proceed (Vittoria Conn v. Dewey & LeBoeuf $(In Re: Dewey & LeBoeuf$), No. 12-12321...

San Bernardino Wants To Reject Collective Bargaining Deals With Some Unions

RIVERSIDE, Calif. - The bankrupt City of San Bernardino, Calif., on March 4 moved in the U.S. Bankruptcy Court for the Central District of California for approval to reject collective bargaining agreements with its unionized employees, including police officers and firefighters (In Re: City of San Bernardino...

Fiduciary Of Dewey & LeBoeuf 401(k) Plan: More Than $7.47M Claim Was Not Waived

NEW YORK - The fiduciary of the 401(k) plan of bankrupt law firm Dewey & LeBoeuf on Aug. 30 filed a brief supporting its proof of claim valued at more than $7.47 million on grounds that it has not waived its claim and no other entity has the authority to do so (In Re: Dewey & LeBoeuf, No. 12...

11th Circuit: Bankrupt Sponsor Of Terminated Pension Plan Fails To State ERISA Claim

ATLANTA - Under the Employee Retirement Income Security Act, a corporate employer undergoing bankruptcy reorganization cannot pursue an action for the benefit of its bankruptcy estate and, thus, its unsecured creditors against the employer's former owner for liabilities arising from the termination...