IN RE SAN RAFAEL BAKING CO.

BAP No. NC-97-1519-HOJ, Bankruptcy No. 96-12106.

219 B.R. 860 (1998)

In re SAN RAFAEL BAKING CO., Debtor. SAN RAFAEL BAKING CO., Appellant, v. NORTHERN CALIFORNIA BAKERY DRIVERS SECURITY FUND, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 18, 1998.


Attorney(s) appearing for the Case

John H. MacConaghy, Law Offices of John H. MacConaghy, Sonoma, CA, for San Rafael Baking Co.

John Provost, Beeson, Taylor & Bodine, Sacramento, CA, for Northern California Bakery Drivers Security Fund.

Before HAGAN, OLLASON, and JONES, Bankruptcy Judges.


OPINION

HAGAN, Bankruptcy Judge.

San Rafael Baking Co., Inc., a chapter 11 debtor-in-possession, appeals an order of the bankruptcy court requiring the payment, as an administrative expense, of employee health benefit contributions to the Northern California Bakery Drivers Security Fund. The order was entered after the collective bargaining agreement providing for payment of the funds had expired. Since the bankruptcy court had no authority to order...

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