July 14, 2021
Officers are presumptively disqualified from KERPs, “absent a strong showing that they do not perform any significant role in management,” a district judge in New York says.
July 22, 2020
Second Circuit prevents ‘artful drafting’ from evading the cap on golden parachutes under Section 502(b)(7).
June 30, 2020
A properly drafted union contract still failed to leave a company officer with a nondischargeable debt for failing to make employer contributions to a union welfare fund.
June 2, 2020
Magistrate judge decided that the regulatory power exception to the automatic stay allows the EEOC to proceed, but he stayed the suit by the former employee seeking damages.
May 26, 2020
Bankruptcy Judge David Jones finds the Jay Alix Protocol to be ‘completely unnecessary.’
April 7, 2020
Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.
December 19, 2019
Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.
December 2, 2019
To avoid liability for an underfunded pension plan, the First Circuit describes a structure for investors to employ when buying a sick company
October 31, 2019
Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.
July 3, 2019
The Eleventh Circuit had held that coal producers can sell assets and insulate the buyer from liability for paying retirees’ health benefits.