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GENERAL33633
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Last modified
8/24/2016 7:55:30 PM
Creation date
11/23/2007 7:41:47 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Date
4/25/1991
Doc Name
APPLICATION OF DEBTOR FOR AUTHORIZATION TO PAY LEGAL FEES OF KECK MAHN AND CATE AS COUNSEL FOR ESOP
Media Type
D
Archive
No
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Payment will only be made by the Debtor to Keck for fees and <br />expenses after Keck has filed a fee application with this court <br />and obtained approval of such payment. <br />11. The Debtor, by virtue of this application, does <br />not seek employment of the Keck firm for the Debtor. The Debtor <br />believes such employment would create a conflict of inter~zst for <br />Keck with respect to services rendered to the Plan. <br />12. Furthermore, the Debtor will not Keck for any <br />prepetition legal services. This application relates to <br />postpetition services only. <br />13. Bankruptcy Code Section 1113 obligates the Debtor <br />to observe the provisions in its collective bargaining agreements <br />until such agreements are modified or terminated. Various courts <br />have interpreted this requirement to mean that a debtor must <br />continue payment obligations under collective bargaining <br />agreements until the bankruptcy court orders relief under § 1113. <br />See In re Unimet Cora., 842 F.2d 879 (6th Cir. 1988) (debtor <br />could not escape its obligations of paying prepetition insurance <br />premiums for union employees due to Bankruptcy Code Section <br />1113(f)); In re Canton Castings. Inc., 103 Bankr. 874 (Sankt. <br />N.D. Ohio 1989)(provisions of collective bargaining agreement <br />which require payment of vacation benefits are binding upon a <br />debtor unless and until rejection of agreement is permitted); ~i <br />re St. Louis Globe-Democrat Inc., 86 Bankr. 606 (Bankr. E.1D. Mo. <br />1988)(Section 1113 (f) requires debtors payment of pre-petition <br />wages, severance pay and vacation pay). <br /> <br />4 <br />
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