United States Bankruptcy Court, D. Delaware November 18, 2014, Case No. 08-13031 (MFW); Jointly Administered Adv. No. 09-50265 (MFW) (Varela v. Eclipse Aviation Corp. (In re AE Liquidation, Inc.))

Chapter 7

MEMORANDUM OPINION

1

Mary F. Walrath, United States Bankruptcy Judge

Before the Court are cross-motions for summary judgment on claims arising under the federal Worker Adjustment and Retraining Notification Act (the ‘WARN Act”).2 The issue presented is whether Eclipse can invoke the “faltering company” *65or “unforeseeable business circumstances” exceptions to the WARN Act.