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IN RE FAMILY SNACKS, INC.

Nos. 00-6076, 00-6077, 00-6078.

257 B.R. 884 (2001)

In re FAMILY SNACKS, INC., Debtor. United Food & Commercial Workers Union, Local 211, Appellant, v. Family Snacks, Inc. and Official Unsecured Creditors' Committee, Appellees and Cross-Appellants.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: January 31, 2001.

Attorney(s) appearing for the Case

G. Fordon Atcheson, Michael T. Manley, on brief, Kansas City, KS, for appellant/cross-appellee UFCW.

Mark A. Shaiken, Kansas City, MO, Greta A. McMorris, on brief, Kansas City, KS, for appellee/cross-appellant Unsecured Creditors' Committee.

Stephen B. Sutton, David L. Zeiler, on brief, Kansas City, MO, for appellee/cross-appellant Family Snacks.

Before HILL, SCHERMER, and DREHER, Bankruptcy Appellate Panel Judges.

DREHER, Bankruptcy Appellate Panel Judge.

This appeal raises two questions of apparent first impression as to the interpretation of § 1113 of the Bankruptcy Code. The first is whether a debtor in a Chapter 11 case can reject a collective bargaining agreement even after it has sold virtually all of its assets. The bankruptcy court held that § 1113 did not permit rejection following such a sale. The second is whether...

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