Chapter 7 bankruptcy liquidation

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Charles E. Andersen

Chapter 7 is also know as straight bankruptcy if you don't want to repay any debt, chapter 7 is an option to consider
Chapter 7 is also called a fresh start bankrutpcy
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The US Trustee is a participant in a chapter 7 Hon. John C. Ninfo chief US Bankruptcy Court Judge US Bankruptcy Court
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REJECTION OF COLLECTIVE BARGAINING AGREEMENTS:

 

 
The rejection of a collective bargaining agreement may be an important consideration in the debtor's effort to reorganize [National Labor Relations Board v. Bildisco & Bildisco, 465 U.S. 513 (1984)], and it is governed by a different standard than other kinds of executory contracts in a Chapter 11 case. [B.C. 1113]
1. Prerequisites for Rejection: Court approval of an application to reject a collective bargaining agreement requires that the debtor in possession (or the trustee, if one has been appointed) prove the following nine elements:
(i) "The debtor in possession must make a proposal to the Union to modify the
collective bargaining agreement." [B.C. 1113(b)(l)(A)]
(ii) "The proposal must be based on the most complete and reliable information
available at the time of the proposal." [B.C. 1113(b)(l) (A)]
(iii) "The proposed modifications must be necessary to permit the reorganization of the debtor." [B.C. 1113(b)(l) (A)]
(iv) "The proposed modifications must assure that all creditors, the debtor, and all of the affected parties are treated fairly and equitably." [B.C. 1113(b)(l) (A)].
(v) "The debtor must provide to the Union such relevant information as is necessary to evaluate the proposal." [B.C. 1113(b)(l) (B)]
Note: These first five elements must occur after the filing of the Chapter  11 petition and before the filing of the application to reject. [B.C. 1113(b)
(vi) "Between the time of the making of the proposal and the lime of the hearing on approval of the rejection of the existing collective bargaining agreement, the debtor must meet at reasonable times with the Union."
(vii) "At the meetings the debtor must confer in good faith in attempting to reach mutually satisfactory modifications of the collective bargaining agreement."
(viii) "The Union must have refused to accept the proposal without good cause. "
(ix) "The balance of the equities must clearly favor rejection of the collective bargaining agreement."
2. Hearing: A hearing on an application lo reject a collective bargaining agreement must be scheduled lo occur within fourteen days after the application is filed, and the court must rule on (he issue within thirty days after the commencement of I he hearing. [B.C. 1113(d)]
3. Interim Change: The court may permit (he debtor in possession or Trustee to make temporary interim modifications in the terms of a collective bargaining, agreement when such changes are necessary to continue the debtor's business or to avoid irreparable harm to the estate. Notice and a hearing are required.

4. Unilateral Action Prohibited: The debtor in possession or trustee may not unilateral terminate or modify any terms of a collective bargaining agreement before. compliance with the provisions set forth in section 1113

 

Click here for Chapter 11 administration.

 

 

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Chapter 7&13

If you qualify

 

STOP

  • Creditor Harassment
  • Stop utility shutoffs
  • eliminate payments on unsecured debts.
  • Improve bad credit
  • Surrender car, and other secured collateral without incurring a "deficiency"

**For Chapter 13cases with wage order and balance paid through a trustee as part of a partial re-payment plan and not paid directly to the attorney. Court filing fee is extra.

  • Emergency Petitions filed
  • Ask to see a statement of clients rights and responsibilities

 

Free Consultation

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