Delaware Bankruptcy Court Applies “Unforeseeable Business Circumstances Exception” and Holds that Estate Has No WARN Act Liability [American Bankruptcy Institute Unsecured Trade Creditors Committee Newsletter]

When a business is in financial distress, the breaking point sometimes comes with little or no warning. An event such as a termination of funding, the falling through of a crucial transaction, or the loss of a key customer can be difficult to predict, and may result in a distressed business being forced to cease operations abruptly, without providing its workers with the advance notice required under the Federal WARN Act.

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