Rejection of CBAs in a Liquidating Chapter 11 of a Health Care Entity
by: Mary Lane
Pachulski Stang Ziehl & Jones, LLP
In In re Karykeion, currently pending in the U.S. Bankruptcy Court for the Central District of California, the court recently reviewed the application of § 1113 of the Bankruptcy Code in the context of the liquidation of a chapter 11 debtor that had been operating two acute care hospitals. Keeping in mind that many hospitals are unionized, the Karykeion case presents interesting issues as it evaluates what a debtor must do when liquidating to satisfy § 1113 when a buyer is seeking to acquire a hospital without its collective bargaining agreement (CBA).