Case Study: In Re Flexible Flyer

Law360, New York (May 12, 2010, 1:04 PM EDT) -- A Mississippi bankruptcy court recently addressed several employer defenses to liability under the Worker Adjustment and Retraining Notification Act (“WARN Act”), which is noteworthy in the context of the current economy. In re FF Acquisition Corp. d/b/a Flexible Flyer, 423 B.R. 502 (Bankr. N.D. Miss. January 20, 2010).

The employer, Flexible Flyer, manufactured swing sets, hobby horses, go-carts, utility vehicles and fitness equipment, which it sold to retailers. Flexible Flyer obtained its operating capital by selling its anticipated receivables to a financing company for an advance...
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