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Rush to Judgment: Congressional Response to Judicial Recognition of Rejection of Collective Bargaining Agreements under Chapter 11 of the Bankruptcy Code

Abstract

The rule permitting the rejection of labor contracts under Chapter 11 of the Bankruptcy Code creates a general conflict between labor law and bankruptcy law. The authors trace this conflict through the Supreme Court's decision in National Labor Relations Board v. Bildisco & Bildisco and through subsequent bankruptcy court and congressional action addressing the issue. The authors conclude that many commentators' concerns over Bildisco were misplaced and raise the question of whether congressional response to the decision without hearings or extensive debate was premature and perhaps unnecessary.

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27 Ariz. L. Rev. 617 (1985)

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Authors

Donald H.J. Hermann (DePaul University)
David M. Neff (United States Bankruptcy Court, Northern District of Illinois)

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