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December 02, 2019
First Circuit Explains How to Avoid Liability for an Underfunded Pension Plan
To avoid liability for an underfunded pension plan, the First Circuit describes a structure for investors to employ when buying a sick company
1st Circuit
September 23, 2019
Circuit Finds No Successor Liability from Buying Assets and Continuing the Business
Continuing the business after buying the assets from the lender at a foreclosure sale doesn’t bring successor liability.
8th Circuit
July 24, 2019
Veto Right Made All Directors Liable for Bad Decisions by a Few Directors
Business judgment rule failed to protect directors of a Georgia bank for approving bad loans.
11th Circuit
May 14, 2019
Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
5th Circuit
August 29, 2018
A Receiver Can Bar the Old Board from Filing a Bankruptcy Petition
By removing the incumbent board, a receiver can bar the old board from filing a bankruptcy petition, the Ninth Circuit holds.
9th Circuit
August 27, 2018
A Plan Can Release Claims for Post-Confirmation Conduct, Third Circuit Says
Third Circuit leaves open the question of whether distributions to shareholders in chapter 11 must follow FINRA rules.
3rd Circuit
July 09, 2018
U.S. Trustee Criticized for Dumping the ‘Jay Alix Protocol’
New York bankruptcy judge approves retention of a crisis manger under Section 363(b) who might be disqualified under Section 327(a).
2nd Circuit
,
New York
,
New York Southern District
May 24, 2018
Fifth Circuit Issues a Narrow Opinion Requiring Corporate Authority to File a Petition
The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.
5th Circuit
April 30, 2018
Non-Bankrupt Nonprofit Entities Are Not Subject to Substantive Consolidation
Eighth Circuit insulates parishes and church schools from substantive consolidation.
8th Circuit
January 25, 2018
The Validity of a ‘Golden Share’ to Bar a Filing Goes to the Fifth Circuit
The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.
5th Circuit
,
Mississippi
,
Mississippi Southern District
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