Emory Bankruptcy Developments Journal


Adam E. Ekbom


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.