Third Circuit Holds Bankruptcy Policy Trumps Labor Act

March 2, 2016

O'Melveny partner John Rapisardi and counsel Joe Zujkowski co-authored the March 2, 2016, New York Law Journal article, "Third Circuit Holds Bankruptcy Policy Trumps Labor Act." The article discusses how the commencement of a chapter 11 case will call into play the interaction between the policies and goals of the US Bankruptcy Code and other federal and state statutory schemes that may occasionally conflict with these goals. In a recent case, the US Court of Appeals for the Third Circuit held that a chapter 11 debtor-employer could reject under the Bankruptcy Code the continuing terms and conditions of a collective bargaining agreement after the agreement expired. 

Rapisardi is co-head and Zujkowski is a member of O’Melveny’s Bankruptcy and Restructuring Practice.