hostess motion
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Jeffrey R. FreundZoe L. Palitz
BREDHOFF & KAISER, P.L.L.C.
805 Fifteenth Street N.W., 10th FloorWashington, D.C. 20005
Telephone: (202) 842-2600Facsimile: (212) 842-1888
Counsel to Bakery, Confectionery, Tobacco
Workers and Grain Millers International Union and
Affiliated Local Unions Representing Debtors
Employees
UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NEW YORK
)
In re: ) Chapter 11)
HOSTESS BRANDS, INC., et al.,1 ) Case No. 12-22052 (RDD)
)Debtors. ) Jointly Administered
)
MOTION OF THE BAKERY, CONFECTIONERY, TOBACCO WORKERS AND
GRAIN MILLERS INTERNATIONAL UNION FOR AN ORDER DIRECTINGPAYMENT OF POST PETITION EMPLOYEE BENEFIT CONTRIBUTIONS ANDALLOWING AN ADMINISTRATIVE EXPENSE CLAIM FOR UNPAID AMOUNTS
TO THE HONORABLE ROBERT D. DRAIN
UNITED STATES BANKRUPTCY JUDGE:
The Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, on
behalf of its thirty-five local unions who are the authorized representatives of certain of the
Debtors employees and retirees (collectively, BCTGM), moves pursuant to 11 U.S.C.
503(b)(1)(A), 507(a)(2), and 1113(f) for an order compelling immediate payment by the
1The Debtors in these chapter 11 cases, along with the last four digits of each Debtors
federal taxpayer identification number are as follows: (i) Hostess Brands, Inc. (0322); (ii) IBCSales Corporation (3634); (iii) IBC Services, LLC (3639); (iv) IBC Trucking, LLC (8328); (v)
Interstate Brands Corporation (6705; and (vi) MCF Legacy, Inc. (0599).
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1222052120509000000000001
Docket #0863 Date Filed: 5/9/20
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Debtors (collectively, Hostess or the Company) of all post-petition collectively bargained
wage payments designated to have been made to the BCTGM pension funds (Pension Wage
Deferrals) arising from post-petition work performed by BCTGM represented active
employees.
Preliminary Statement
1. Since Hostess filed for chapter 11 protection, it has continued to benefit from thelabor of BCTGM represented employees. During this time, Hostess has refused to make
approximately $14,000,000 in post-petition Pension Wage Deferrals required by its collective
bargaining agreements (CBAs) with the BCTGM.
2. Because the BCTGMs claim for Pension Wage Deferrals is based on post-petitionlabor, it is entitled to treatment as an administrative expense under section 503(b)(1)(A) of the
Bankruptcy Code. Moreover, the BCTGM is entitled to immediate payment because Hostess
failure to meet its collectively-bargained pension obligations constitutes an on-going violation of
section 1113(f).
Jurisdiction
3. This Court has subject matter jurisdiction to hear this matter pursuant to 28 U.S.C. 1334. This is a core proceeding pursuant to 28 USC 157(b). Venue before this Court is
proper pursuant to 28 U.S.C. 1408 and 1409.
Relief Requested
4. The BCTGM seeks an order (1) awarding administrative expense status to Hostesspost-petition Pension Wage Deferrals arising on account of post-petition work by active
employees represented by the BCTGM; (2) compelling the Hostess to immediately make these
Pension Wage Deferrals; and (3) requiring Hostess to make such future Pension Wage Deferrals
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when they come due until and unless Hostess acts to reject the BCTGM CBAs pursuant to the
Courts authorization.
Factual Background
5. For many years, Hostess and local unions affiliated with the BCTGM have beenparties to a series of CBAs governing the wages, benefits, and working conditions of thousands
of employees at the companys bakeries, depots, and retail thrift stores. Currently, Hostess has
117 CBAs with thirty-five local unions affiliated with the BCTGM. These CBAs were reached
with each local union in and around October 2007, during the previous bankruptcy. See
Declaration of Frank Hurt (Hurt Decl.), 2-4.
6. Each CBA is a bi-lateral agreement between a BCTGM local union and Hostess thatrequires Hostess make contributions to the Bakery and Confectionery Union and Industry
International Health Benefits and Pension Fund (B&C Fund) a third party beneficiary of the
BCTGM CBAs in varying amounts based on hours of work performed by active Hostess
employees covered by the CBA. Seeid., 5 & Exhibit A. Hostess is required to make these
pension contributions on the tenth day of each month, based on the hours worked by BCTGM
represented active employees during the previous month. These contributions are deferrals of
amounts that would otherwise have been payable as wages to Hostess employees, but Hostess
and the BCTGM local unions agreed that they would instead be paid to the B&C Fund to provide
post-retirement pension benefits to Hostess employees. See Hurt Decl., 6.
7. On August 12, 2011, Hostess informed the BCTGM, its local unions, and the B&CFund that it would no longer make these Pension Wage Deferral contributions for work
performed by BCTGM represented active employees, as required by the various CBAs. Seeid.,
7.
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8. On January 11, 2012, Hostess filed a voluntary petition for reorganization underchapter 11 of the Bankruptcy Code. See Voluntary Petition, Dkt. No 1 (Jan. 11, 2012). Since the
initiation of this chapter 11 proceeding, BCTGM represented active employees have continued to
perform services for the Company pursuant to the CBAs. Hostess has made no Pension Wage
Deferrals for this post-petition work. See Hurt Decl., 8-9.
9. To date, Hostess owes approximately $14,000,000 in post-petition Pension WageDeferrals accruing under the BCTGM CBAs after January 11, 2012. Seeid., 10 & Exhibit B.2
10. On May 4, 2012, the Court granted the Motion of Debtors and Debtors inPossession to (A) Reject Certain Collective Bargaining Agreements and (B) Modify Certain
Retiree Benefit Obligations Pursuant to Sections 1113(c) and 1114(g) of the Bankruptcy Code
(hereinafter, Debtors 1113/1114 Motion). See Order Re Motion to Reject, Dkt. No. 848 (May
4, 2012). As of the date of this Motion, Hostess has not implemented the terms of the section
1113/1114 proposal authorized by the Court. See Hurt Decl., 11.
Argument
11. Section 503(b)(1)(A) of the Bankruptcy Code allows, as administrative expenses,claims for the actual, necessary costs and expenses of preserving the estate, including- (i)
wages, salaries, and commissions for services rendered after the commencement of the case[.]
Pension contributions and other fringe benefits that complete a pay package,Howard Delivery
Serv., Inc. v. Zurich Am. Ins. Co., 547 U.S. 651, 654 (2006), are part of wages, salaries, and
commissions covered by section 503(b)(1)(A). See In re A.C.E. Elevator Co., Inc., 347 B.R.
473, 480 (Bankr. S.D.N.Y. 2006) (Moreover, as noted by the Supreme Court inHoward
2In December 2011, Hostess ceased providing monthly remittance reports to the B&C Fund
containing the number of hours worked each month by active unit employees. The pensioncontribution estimate contained in this paragraph and Exhibit B is based on the average hours
worked per month from July to November 2011.
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Delivery Service, employer contributions to pension and welfare plans, . . . together with wages,
remunerate employees for services rendered.).
12. When claims for pension obligations are based on post-petition labor, they aretreated as administrative expenses. See, e.g.,In re Finley, Kumble, Wagner, Heine, Underberg,
Manly, Myerson & Casey, 160 B.R. 882, 891 (Bankr. S.D.N.Y. 1993) (To the extent that the
Minimum Funding Claim arose postpetition from the postpetition labor of Debtors remaining
thirty-eight employees, the Minimum Funding Claim merits priority treatment. Postpetition
premiums due may be entitled to an administrative priority for the same reason); cf.In re
Ionosphere Clubs, Inc., 22 F.3d 403, 408 (2d Cir. 1994) (referencing the established rule in this
Circuit that vacation pay claims are accorded first-priority status as administrative expenses only
to the extent the vacation pay is attributable to post-petition work);In re Spectrum Info. Techs.,
Inc., 193 B.R. 400, 405 (Bankr. E.D.N.Y. 1996) (employmentrelated benefits . . . have been
deemed to be forms of wages which may be entitled to administrative expense priority if
incurred during the administration of a bankruptcy case.).3
13. Here, Debtors collectively-bargained Pension Wage Deferral obligations aremeasured by the labor of active BCTGM represented employees. These active employees have
continued to provide services to the Debtors post-petition and have continued to earn Pension
Wage Deferrals. The Companys failure to pay them, therefore, is a violation of the respective
BCTGM CBAs.
3The cases are unanimous in this regard. Those courts that have refused to accord
administrative expense status to pension contributions have done so only where the contributions
were based on pre-petition labor. See, e.g., A.C.E. Elevator, 347 B.R. at 478 (rejectingadministrative claim for delinquent contributions that were based on its Union employees
hours worked prepetition).
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14. Moreover, Hostess was prohibited by section 1113(f) of the Bankruptcy Code fromunilaterally terminat[ing] or alter[ing] any provision of a collective bargaining agreement prior
to compliance with the provisions of this section. See also 7 Alan N. Resnick & Henry J.
Sommer, Collier on Bankruptcy 1113.02 (16th ed. 2011) (debtors remain obligated to pay
postpetition wages and benefits as they become due in accordance with the collective bargaining
agreement, and the failure to do so has been held to be a unilateral alteration of the agreement in
violation of section 1113(f), and not merely a breach of the agreement). Despite the fact that
the Court did not authorize rejection until May 4, 2012, Debtors have made no Pension Wage
Deferral payments during the pendency of this chapter 11 proceeding.
15. The fact that the Court has now authorized rejection of the BCTGM CBAs is of nomoment. First, while the Court has authorized that action, Hostess has not yet acted on that
authorization. Second, even if Debtors had acted, rejection pursuant to 1113(c) is prospective
only; it does not magically absolve a debtor from its pre-rejection obligations. See, e.g.,In re
Hoffman Bros. Packing Co., Inc., 173 B.R. 177, 186 (B.A.P. 9th Cir. 1994) (explaining that the
procedure prescribed by 1113, . . .provides for prospective, not retroactive relief[,] so the
unions may be permitted to file administrative claims for their members postpetition unpaid
benefits accruing prior to entry of the court-ordered modification);In re Manor Oak Skilled
Nursing Facilities, Inc., 201 B.R. 348, 350 (Bankr. W.D.N.Y. 1996) ([A]ll aspects of a
collective bargaining agreement remain in effect and binding until rejection occurs.). Thus,
even if Hostess had acted on the Courts order authorizing rejection of the BCTGM CBAs on
May 4, 2012, it would still have been in violation of section 1113(f) prior to that date.
16. We expect that the Debtors will argue that because the B&C Fund terminatedHostess on December 10, 2011, no Pension Wage Deferral payments are due for any post-
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petition period thereafter. Rather than respond to this as yet unformed argument now, we await
Hostess articulation of its position to which we will respond in our Reply. For now it is
sufficient to observe that (1) Hostess promised to make these payments in its CBAs with the
BCTGM, not the B&C Fund; (2) the payments are an integral part of the compensation Hostess
promised it would pay its workers and cannot be disaggregated from the economic bargain the
parties stuck; (3) in any event, it was the B&C Fund, not the BCTGM, that terminated Hostess;
(4) the B&C Fund terminated Hostess only to protect itself from the obligation of awarding
pension accruals for periods during which it might not receive contributions; (5) it is our
understanding that if the B&C Fund receives these payments from Hostess, as required by the
BCTGM CBAs, it will accept them and award pension accruals to covered participants. But if it
does not accept them, the payments would be paid to the individual employees who earned them
by working for Hostess post-petition.
Conclusion
17. For the reasons stated, this Court should accord the BCTGM an administrativeclaim for Pension Wage Deferrals arising from post-petition work performed by BCTGM
represented active employees; and direct the Debtors to immediately make these payments.
Notice
18. Notice of this Motion will be provided to: (a) the Office of the United States Trusteefor the Southern District of New York; and (b) counsel to Hostess, Interstate Brands
Corporation-International Brotherhood of Teamsters National Negotiating Committee, BBU,
Inc., Schwebel Baking Company, Klosterman Baking Company, Pan-O-Gold Baking Company,
United States Bakery, Amorosos Baking Company, Northeast Foods, Inc., ConAgra Foods, Inc.,
Alpha Baking Co., Inc., Lewis Brothers Bakeries Incorporated and Chicago Baking Company,
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CERTIFICATE OF SERVICE
I, Jeffrey R. Freund, certify that I am over 18 years of age and that on this the ninth day
of May 2012, I caused to be served, (i) on chambers via hand delivery (ii) on all counsel of
record by ECF and (iii) upon the parties listed below by email and USPS First Class Mail, a true
and correct copy of the following:
Motion of the Bakery, Confectionery, Tobacco Workers and Grain Millers InternationalUnion for an Order Directing Payment of Post Petition Employee Benefit Contributions
and Allowing an Administrative Expense Claim for Unpaid Amounts
.
Paul K. Schwartzberg, Esq.33 Whitehall Street, 21st Fl.
New York, NY 10004paul.schwartzberg@usdoj.gov
Office of the United States Trustee
Hostess Brands, Inc.12 E. Armour Blvd.
Kansas City, MO 64111
Attn: Kent Magill, Esq. (kent.magill@hostessbrands.com)Jolyn Sebree (jolyn.sebree@hostessbrands.com)
Debtors
Jones Day222 East 41st Street
New York, NY 10017
Attn: Corinne Ball, Esq. (cball@jonesday.com)Heather Lennox, Esq. (hlennox@jonesday.com)
Lisa Laukitis, Esq. (llaukitis@jonesday.com)
Veerle Roovers, Esq. (vroovers@jonesday.com)-and-
North Point
901 Lakeside Avenue
Cleveland, OH 44114Attn: Ryan T. Routh, Esq. (rrouth@jonesday.com)
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Thompson & Knight, LLP900 Third Avenue, 20th Floor
New York, NY 10022
Attn: Ira L. Herman, Esq. (ira.herman@tklaw.com)
Stinson Morrison Hecker LLP1201 Walnut, Suite 2900Kansas City, MO 64106
Attn: Paul M. Hoffmann, Esq. (phoffmann@stinson.com)
Counsel to Debtors
Kramer Levin Naftalis & Frankel, LLP
1177 Avenue of the Americas
New York, NY 10036Attn: Joshua K. Brody, Esq. (jbrody@kramerlevin.com)
Thomas Moers Mayer, Esq. (tmayer@kramerlevin.com)
Counsel to the Official Committee of Unsecured Creditors
Paul Hastings Janofsky & Walker LLP
75 E 55th StNew York, NY 10022
Attn: Rick Denhup, Esq. (rickdenhup@paulhastings.com)
Leslie Plaskon, Esq. (leslieplaskon@paulhastings.com)
-and-600 Peachtree St NE Ste 2400
Atlanta, GA 30308Attn: Cassie Coppage, Esq. (cassiecoppage@paulhastings.com)
Jesse H. Austin III, Esq. (jesseaustin@paulhastings.com)
Counsel to General Electric Capital Corporation, as Agent
Paul Weiss Rifkind Wharton & Garrison LLP
1285 Ave of AmericasNew York, NY 10019-6064
Attn: Alan Kornberg, Esq. (akornberg@paulweiss.com)
Brian Hermann, Esq. (bhermann@paulweiss.com)Diane Meyers, Esq. (dmyers@paulweiss.com)
-and-
2001 K St NW
Washington, DC 20006Attn: Craig Benson, Esq. (cbenson@paulweiss.com)
Counsel to Silver Point Finance LLC, as Agent
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Thompson & Knight, LLP900 Third Avenue, 20th Floor
New York, NY 10022
Attn: Ira L. Herman, Esq. (ira.herman@tklaw.com)Jennifer A. Christian, Esq. (jennifer.christian@tklaw.com)
Counsel to BNY Mellon, as Trustee
Debevoise & Plimpton LLP
919 Third Ave
New York, NY 10022
Attn: George Maguire, Esq. (gebmaguire@debevoise.com)Steven Gross, Esq. (srgross@debevoise.com)
Joseph P Moodhe, Esq. (jpmoodhe@debevoise.com)
Counsel to Investors I, LLC, IBC Investors II, LLC and IBC Investors III, LLC
Cohen, Weiss and Simon, LLP
330 West 42nd Street - 25th FloorNew York, NY 10036
Attn: Richard M. Seltzer, Esq. (rseltzer@cwsny.com)
Counsel to Interstate Bakeries Corporation-International Brotherhood of Teamsters Negotiating
Committee
Willkie Farr & Gallagher LLP
787 Seventh AveNew York, NY 10019
Attn: Matthew Feldman, Esq. (mfeldman@willkie.com)Paul Shalhoub, Esq. (pshalhoub@willkie.com)
Counsel to the International Brotherhood of Teamsters
Morgan, Lewis & Bockius LLP
101 Park Avenue
New York, New York 10178-0600Attn: James L. Garrity, Jr., Esq. (jgarrity@morganlewis.com)
-and-
1701 Market StreetPhiladelphia, Pennsylvania 19103
Attn: John C. Goodchild, III, Esq. (jgoodchild@morganlewis.com)
Rachel Jaffe Mauceri, Esq. (rmauceri@morganlewis.com)
Counsel to Klosterman Baking Company, Pan-O-Gold Baking Company, BBU, Inc., United
States Bakery, Northeast Foods, Inc., Schwebel Baking Company, Alpha Baking Co., Inc.,
Interbake Foods, LLC
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Eckert Seamans Cherin & Mellott LLC10 Bank Street, Suite 700
White Plains, NY 10606
Attn: Riyaz G. Bhimani, Esq. (rbhimani@eckertseamans.com)-and-
300 Delaware Avenue, Suite 1210Wilmington, DE 19801Attn: Ronald S. Gellert, Esq. (rgellert@eckertseamans.com)
McGrath North Mullin & Kratz, PC LLO
Suite 3700, First National Tower1601 Dodge Street
Omaha, Nebraska 68102-1627
Attn: Robert P. Diederich, Esq. (rdiederich@mcgrathnorth.com)
Counsel to ConAgra Foods
Loizides, P.A.1225 King Street, Suite 800
Wilmington, DE 19801
Attn: Christopher D. Loizides, Esq. (loizides@loizides.com)
Beckman Lawson LLP
201 W. Wayne Street
Fort Wayne, IN 46802Attn: Adam L. Hand, Esq. (ahand@beckmanlawson.com)
Counsel to Perfection Bakeries, Inc.
Buchanan Ingersoll & Rooney PC
1290 Avenue of the Americas, 30th FloorNew York, NY 10104-3001
Attn: Robert S. Hawkins, Esq. (robert.hawkins@bipc.com)
Tanya D. Bosi, Esq. (tanya.bosi@bipc.com)
Counsel to Amorosos Baking Company
Schiff Hardin LLP666 Fifth Avenue, 17th Floor
New York, NY 10103
Attn: Keith N. Costa, Esq. (kcosta@schiffhardin.com)
Alyson M. Fiedler, Esq. (afiedler@schiffhardin.com)-and-
233 S. Wacker Drive, Suite 6600
Chicago, IL 60606Attn: Eugene J. Geekie, Jr., Esq. (egeekie@schiffhardin.com)
Jeffrey D. Eaton, Esq. (jeaton@schiffhardin.com)
Counsel to Lewis Brothers Bakeries Incorporated and Chicago Baking Company
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Lowenstein Sandler PC1251 Avenue of the Americas, 18th Floor
New York, New York 10020
-and-65 Livingston Avenue
Roseland, New Jersey 07068Attn: Sharon L. Levine, Esq. (slevine@lowenstein.com)Philip J. Gross, Esq. (pgross@lowenstein.com)
Counsel to I.A.M. National Pension Fund, Bakery & Confectionery Union & Industry
International Pension Fund
Wick Streiff Meyer Oboyle & Szeligo PC
1450 Two Chathem Center
Pittsburgh, PA 15219Attn: Vincent P. Szeligo, Esq. (vszeligo@wsmoslaw.com)
Counsel to The Western Pennsylvania Teamsters and Employers Pension Fund
Dated: Washington, DC
May 9, 2012/s/ Jeffrey R. Freund
Jeffrey R. Freund
BREDHOFF & KAISER, P.L.L.C.
805 Fifteenth Street N.W., 10th FloorWashington, D.C. 20005
Telephone: (202) 842-2600Facsimile: (212) 842-1888
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EXHIBIT A
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EXHIBIT B
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ACCT
LOCAL
PENSION
RATE
JANUA
RY
HOURS**
PENSION
DUE
FEBRUARY
HOURS
PENSIO
N
DUE
MARCH
HOURS
PENSION
DUE
APRIL
HOURS
PENSION
DUE
MAY
HOURS***
PENSIONDUE
TOTALPENSION
DUE
UNPAID
PENSION
CONTRIBUTIONSAFTER
JANUARY11,2012*
9747A
103
0.7100
1,01
0.28
$717.30
1,491.36
$1,058.87
1,491.36
$1,058.87
1,491.3
6
$1,058.87
432.98
$307.41
$4,202.02
9750A
19
5.2200
1,78
0.12
$9,292.24
2,627.80
$13,717.12
2,627.80
$13,717.12
2,627.8
0
$13,717.12
762.91
$3,982.39
$54,431.20
9766A
57
3.1500
81
3.21
$2,561.61
1,200.45
$3,781.42
1,200.45
$3,781.42
1,200.4
5
$3,781.42
348.52
$1,097.83
$15,006.84
9774A
111
0.5200
23
8.41
$123.97
351.94
$
183.01
351.94
$183.01
351.94
$183.01
102.18
$53.13
$726.65
9778A
111
0.2600
8
7.96
$22.87
129.85
$33.76
129.85
$33.76
129.85
$33.76
37.70
$9.80
$134.21
9780A
65
0.1600
26
0.77
$41.72
384.95
$61.59
384.95
$61.59
384.95
$61.59
111.76
$17.88
$244.54
9838A
37
0.3200
13,23
1.34
$4,234.03
19,531.98
$6,250.23
19,531.98
$6,250.23
19,531.9
8
$6,250.23
5,670.57
$1,814.58
$24,799.63
9840A
25
0.8700
2,57
1.50
$2,237.21
3,796.02
$3,302.54
3,796.02
$3,302.54
3,796.0
2
$3,302.54
1,102.07
$958.80
$13,104.50
9840A
25
0.8700
1
6.26
$14.14
24.00
$20.88
24.00
$20.88
24.00
$20.88
6.97
$6.06
$83.72
9841A
53
0.4200
29
2.64
$122.91
431.99
$
181.44
431.99
$181.44
431.99
$181.44
125.42
$52.67
$720.31
9843A
53
0.4200
27
0.43
$113.58
399.20
$
167.66
399.20
$167.66
399.20
$167.66
115.90
$48.68
$665.67
$2,365,519.41
$3,491,957.22
$3,491,957.22
$3,491,957.22
$1,013,794.
03
$13,855,185.10
TOTALAMOUNTDUE
*Debtorsceasedprovidinginformation
totheBCTGMregardinghoursworkedbyactivemembersinDecember2011.Thehoursfiguresprovidedinthisentiredocumentare
thereforeanestimate
basedontheaveragehoursworkedbyactivemembersfromJulytoNovember.
***Thehoursfigureprovidedinthisco
lumnhasbeenpro-ratedtoaccountonlyforlaborprovidedpriortothedateoffilingofthis
MotiononMay9,2012.TheBCTGMreservestherightto
supplementthisMotiontoclaimpensio
ncontributionsowedforservicesperformed
afterMay9,2012.
**Thehoursfigureprovidedinthiscolumnhasbeenpro-ratedtoaccountonlyforla
borprovidedaftertheDebtors'January11,2
012chapter11filing.
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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
)
In re: ) Chapter 11)
HOSTESS BRANDS, INC., et al.,1 ) Case No. 12-22052 (RDD)
)Debtors. ) Jointly Administered
)
[PROPOSED] ORDER
This matter coming before the Court on the Motion of the Bakery, Confectionery,
Tobacco Workers and Grain Millers International Union for an Order Directing Payment of Post-
Petition Employee Benefit Contributions and Allowing an Administrative Expense Claim for
Unpaid Amounts. The Court having reviewed the BCTGMs Motion and any objections thereto,
and having found good cause for the relief granted herein
HEREBY ORDERS THAT:
1.
The Motion is GRANTED.
2. Pursuant to sections 503(b)(1)(A), 507(a)(2) and 1113(f) of the Bankruptcy Code, theBCGTM is hereby allowed and awarded an administrative expense claim for Debtors
unpaid post-petition Pension Wage Deferral obligations.
3. The parties are directed to meet and confer within five (5) days of this Order regardingthe amount of this claim and Debtors shall furnish reports to the BCTGM regarding the
1The Debtors in these chapter 11 cases, along with the last four digits of each Debtors
federal taxpayer identification number are as follows: (i) Hostess Brands, Inc. (0322); (ii) IBCSales Corporation (3634); (iii) IBC Services, LLC (3639); (iv) IBC Trucking, LLC (8328); (v)
Interstate Brands Corporation (6705; and (vi) MCF Legacy, Inc. (0599).
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number of post-petition hours worked by BCTGM represented active employees to allow
an accurate calculation.
4. The Debtors are hereby directed to pay to the BCTGM the agreed upon amount of theirpost-petition Pension Wage Deferral obligations within fifteen (15) days of this Order.
5. Absent further order of the Court, the Debtors are directed to remain current with respectto any post-petition Pension Wage Deferral obligations due and owing to the BCTGM
unless and until any such obligations are modified in compliance with the Bankruptcy
Code pursuant to further order of this Court.
6.
This Court shall retain jurisdiction over any and all matters arising from or related to the
interpretation and/or implementation of this Order.
Dated: ________________, 2012
___________________________________________UNITED STATES BANKRUPTCY JUDGE
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