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IN RE HOFFMAN BROS. PACKING CO., INC.

BAP Nos. CC-93-1966-VJH, CC-93-2044-VJH. Bankruptcy No. LA93-23593 BR.

173 B.R. 177 (1994)

In re HOFFMAN BROS. PACKING CO., INC., Debtor. UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 770, et al., Appellants, v. OFFICIAL UNSECURED CREDITORS COMMITTEE and Hoffman Bros. Packing Co., Inc., et al., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided September 16, 1994.

Attorney(s) appearing for the Case

Henry M. Willis, Los Angeles, CA, for United Food & Commercial Workers.

John P. Kreis, Los Angeles, CA, for Hoffman Bros. Packing Co., Inc.

Before VOLINN, JONES and HAGAN, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

The debtor in possession failed to make postpetition contributions to its employees' health plans and pension funds in breach of its obligation under collective bargaining agreements (CBAs) with its unions. It sought and was granted an interim order pursuant to 11 U.S.C. § 1113(e) providing prospective downscaling of benefits in four CBAs and sanctioning, nunc pro tunc, certain post-petition breaches. Subsequently...

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