United States Ninth Circuit

In an appeal from the Bankruptcy Court's order granting priority to Creditor's claims arising out of contributions to Debtor's employee benefit plan, the order is affirmed in part, where the recovery cap under 11 U.S.C. section 507(a)(5) is to be treated as an aggregate cap, but reversed in part, where individuals who did not render services within a 180-day period preceding bankruptcy are not to be counted in determining the number of employees under Section 507(a)(5).

Appellate Information

• Argued 04/13/2009
• Decided 05/06/2009
• Published 05/06/2009

Judges

• FERNANDEZ, Circuit Judge:, Before FERDINAND F. FERNANDEZ, BARRY G. SILVERMAN, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David L. Neale, Levene, Neale, Bender, Rankin & Brill, L.L.P., Los Angeles, CA, for the appellant.


• For Appellees:
  
• Robert S. Gebhard, Sedgwick, Detert, Moran & Arnold, LLP, San Francisco, CA, for the appellee.