United States Second Circuit

In case where appellant was terminated as debtor's employee without cause during the pendency of debtor's Chapter 11 bankruptcy proceedings, denial of claim for priority payment is affirmed over contention that a portion of the early retirement benefits due appellant under two retirement plans is a severance payment entitled to priority as an administrative expense.

Appellate Information

• Decided 03/02/2007
• Published 03/02/2007

Judges

• SOTOMAYOR, Circuit Judge., Before KEARSE and SOTOMAYOR, Circuit Judges, and CEDARBAUM, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Douglas L. Furth (Andrea B. Schwartz, on the brief), Golenbock Eiseman Assor Bell & Peskoe LLP, New York, NY, for appellant.


• For Appellees:
  
• Mark A. Jacoby, Weil Gotshal & Manges LLP, New York, NY, for debtor-appellee.