Bankruptcy - A Labor Union Is a Person Who May File a Petition for Voluntary Bankruptcy under 4(a) of the Bankruptcy Act

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Authors
Ohmer, Steven R.
Issue Date
1979
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Journal Article
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FIRST PARAGRAPH(S)|The Bankruptcy Act was enacted for the dual purpose of (1) discharging the indebtedness of the honest debtor so that he may be afforded an unburdened opportunity to start afresh in his economic pursuits, and (2) providing a speedy, efficient, and equitable means of distributing his assets among his creditors. The National Labor Relations Act, on the other hand, was established to secure equal bargaining power and rights for workingmen, and to promote collective bargaining for employees through representatives of their own free choice. The relationship between these two acts was examined by the Eighth Circuit Court of Appeals in Highway & City Freight Drivers Local 600 v. Gordon Transports, Inc. There the court was presented with a difficult question of first impression: can a labor union, saddled with a heavy judgment arising from its violation of a collective bargaining agreement, file a petition for voluntary bankruptcy as a person under section 4(a) of the Bankruptcy Act? Since the Act itself is silent as to this question, the Eighth Circuit Court of Appeals was compelled to examine the legislative intent and prior judicial construction of the Act's pertinent provisions. As a result of this examination, the court held that a labor union is indeed a person capable of filing for voluntary bankruptcy...
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12 Creighton L. Rev. 847 (1978-1979)
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Creighton University School of Law
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