DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
136031P.pdf 08/21/2013 Patriot Coal Corporation v. Peabody Holding Company
U.S. Court of Appeals Case No: 13-6031
U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Kressel, Author, with Federman, Chief Judge, and Shodeen,
Bankruptcy Judges]
Bankruptcy Appellate Panel. While Heritage Coal's rejection of its
collective bargaining agreement relieves it of its contractual obligation
to pay benefits, it still has a statutory obligation to pay those
benefits, at least until all of the steps of Section 1114 are complied
with; upon rejection of a "me too" agreement under Section 1113, absent
modification under Section 1114, Heritage was required to comply with the
terms of the individual employer plan and provide its retirees those plan
defined benefits; here, neither Heritage nor the United Mine Workers
requested a modification under Section 1114; Peabody Holding's obligation
for benefits is also undisturbed.