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“Birds of Prey” Argument Not Enough to Warrant Sanctions Against Law Firm Engaging in Alleged Serial Filing of TCPA Claims Arising From Bankruptcy Proceedings

A U.S. Bankruptcy Court has denied a creditor’s motion for sanctions against a law firm in the Middle District of Florida which the creditor alleged engaged in serial filings.

USA, Banking, Insolvency & Restructuring, Litigation, Telecoms, Troutman Pepper, Due diligence, Telephone Consumer Protection Act 1991 (USA), United States bankruptcy court
Third Circuit Permits Chapter 11 Debtor to Reject Expired CBA

It is a familiar scenario: a company is on the verge of bankruptcy, bound by the terms of a collective bargaining agreement (CBA), and unable to negotiate a new agreement.  However, this time, an analysis of this distressed scenario prompted a new question: does it matter if the CBA is already expired, i.e., does the Bankruptcy Code distinguish between a CBA that expires pre-petition versus one that has not lapsed?

USA, Employment & Labor, Insolvency & Restructuring, Litigation, Mintz, Debtor, Third Circuit
Third Circuit Court of Appeals Permits Chapter 11 Debtor to Reject Expired CBA

It is a familiar scenario: a company is on the verge of bankruptcy, bound by the terms of a collective bargaining agreement (CBA), and unable to negotiate a new agreement.  However, this time, an analysis of this distressed scenario prompted a new question: does it matter if the CBA is already expired, i.e., does the Bankruptcy Code distinguish between a CBA that expires pre-petition versus one that has not lapsed?

USA, Employment & Labor, Insolvency & Restructuring, Litigation, Mintz, Debtor, Third Circuit