International Union v. Visteon Corp. (In re Visteon Corp)

International Union v. Visteon Corp. (In re Visteon Corp), No. 12-3352, Slip Op. (3d Cir. Aug. 28, 2014)
Order of the bankruptcy court termining pension benefits was final and subject to appeal. Party that failed to appeal the order could not get the benefit of the appellate court's reversal of the order.
Procedural context:
On appeal from debtor's order restoring pension benefits after reversal of earlier order terminating pension benefits.
The bankruptcy court authorized a chapter 11 debtor to terminate pension benefits in its chapter 11 case without following section 1114 procedures. One union (IUE) but not the other union (UAW) appealed. The appellate court reversed. The bankruptcy court subsequently restored the benefits. The debtor appealed on the ground that the initial appeal did not cover UAW. The appellate court approved. The Third Circuit affirmed.
McKee, Chagares, Nygaard

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