HOWARD DELIVERY SERVICE, INC. v. ZURICH AMERICAN INS. CO.

No. 05-128.

547 U.S. 651 (2006)

HOWARD DELIVERY SERVICE, INC., et al. v. ZURICH AMERICAN INSURANCE CO.

Supreme Court of United States.

Decided June 15, 2006.


Attorney(s) appearing for the Case

Paul F. Strain argued the cause for petitioners. On the briefs were Richard M. Francis, Heather G. Harlan, Lawrence A. Katz, and Mitchell Y. Mirviss.

Donald B. Verrilli, Jr., argued the cause for respondent. With him on the brief were William M. Hohengarten, Elaine J. Goldenberg, Barbara S. Steiner, Daniel R. Murray, Margaret M. Anderson, Hugh S. Balsam, and Karen Lee Turner.*


JUSTICE GINSBURG delivered the opinion of the Court.

The Bankruptcy Code accords a priority, among unsecured creditors' claims, for unpaid "wages, salaries, or commissions," 11 U. S. C. § 507(a)(4)(A), and for unpaid contributions to "an employee benefit plan," § 507(a)(5).1 It is uncontested here that § 507(a)(5) covers fringe benefits that complete a pay package—typically pension plans, and group health, life, and...

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