IN RE RUFENER CONST., INC.

No. 93-16098.

53 F.3d 1064 (1995)

In re RUFENER CONSTRUCTION, INC., Debtor. CARPENTERS HEALTH AND WELFARE TRUST FUNDS FOR CALIFORNIA, et al., Creditors-Appellants, v. Jerome ROBERTSON, Trustee-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1995.


Attorney(s) appearing for the Case

Christian L. Raisner, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, CA, for creditors-appellants.

Heinz Binder (argued), Mark V. Isola, Binder & Malter, San Jose, CA, for trustee-appellee.

Before: TANG, REINHARDT, and RYMER, Circuit Judges.


REINHARDT, Circuit Judge:

Section 1113(f) of the bankruptcy code limits the power of a bankrupt company to unilaterally terminate or modify the terms of a collective bargaining agreement. Some courts have found that this provision also affects the priority accorded debts payable under a collective bargaining agreement in the bankruptcy priority scheme. In this case, we decide whether § 1113(f) applies to bankruptcies filed under Chapter 7 of the Code. We hold...

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