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Emory Bankruptcy Developments Journal

Authors

Adam E. Ekbom

Abstract

The author explores Trump Entertainment Resorts Unite Here Local 54, in which the Third Circuit considered, as an issue of first impression, whether a chapter 11 debtor-employer is able to reject the continuing terms and conditions of an expired collective bargaining agreement with its unionized employees under 11 U.S.C. § 1113. After analyzing this decision, the author argues that expired collective bargaining agreements are not subject to rejection or modification through § 1113. The author concludes by providing recommendations for judges, debtor-employers, and unions that attempt to balance the conflicting policy concerns surround bankruptcy and collective bargaining agreements.

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