Supreme Court Docket Report – 2005 Term, No. 4

Originally published November 7, 2005

Recently the Supreme Court granted certiorari in one case of interest to the business community. Amicus briefs in support of the petitioner will be due on December 22, 2005, and amicus briefs in support of the respondent will be due on January 26, 2006.

Bankruptcy—Priorities—Claim for unpaid workers’ compensation insurance premiums.

In a bankruptcy proceeding against a debtor’s estate, the Bankruptcy Code gives priority to unsecured claims "for contributions to an employee benefit plan * * * arising from services rendered." 11 U.S.C. § 507(a)(4). The Code defines "employee benefit plan" as "an employee welfare benefit plan or an employee pension benefit plan or a plan which is both * * *." 11 U.S.C. § 1002(3). "Employee benefit plan" in turn is defined as "any plan, fund, or program which was * * * established or maintained by an employer * * * for the purpose of providing for its participants or their beneficiaries, through the purchase of