Bankruptcy
Feb. 10, 2016
Court says Bankruptcy Code trumps NLRA
In the recent Trump Entertainment Resorts case, the 3rd Circuit addressed two potentially conflicting provisions of federal law. By David Kupetz
David S. Kupetz
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UC Hastings College of the Law
David is an expert in bankruptcy, business reorganization, restructuring, assignments for the benefit of creditors, and other insolvency solutions.
In the recent Trump Entertainment Resorts case, the 3rd U.S. Circuit Court of Appeals addressed two potentially conflicting provisions of federal law. See In re Trump Entertainment Resorts Unite Here Local 54, 2016 U.S. App. LEXIS 672 (Jan. 15, 2016). Under Bankruptcy Code Section 1113, a Chapter 11 debtor in possession may reject its collective bargaining agreements under certain circumstances. The National Labor...
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