Svenhard’s Swedish Bakery v. Bakery and Confectionary Union and Industry International Pension Fund
ERISA
Question not identified.
The petition text provided is an "Application to Extend Time for Filing Petition for Writ of Certiorari," not a petition for a writ of certiorari itself. This application document does not contain a "Question(s) Presented" section. While the introduction discusses the legal issue at stake ("whether Section 365(c)(2) precludes Chapter 11 debtors from assuming pre-petition contracts that require no extension of new credit, money, property, or financing of any kind to the debtor post-bankruptcy"), this is framing of the underlying case issue, not the formal "Question(s) Presented" section of a certiorari petition.
Whether a settlement agreement resolving pre-bankruptcy pension fund liabilities constitutes a 'financial accommodation' that cannot be assumed under 11 U.S.C. § 365(c)(2) when no new credit or financing is extended post-bankruptcy