December 30, 2021
May Accountants Limit Liability for Professional Malpractice? Stay Tuned
New Jersey judge says that professionals may not be able to limit liability when malpractice is more than mere negligence.
3rd Circuit, New JerseyJuly 14, 2021
Being an ‘Officer’ Disqualifies Someone from a KERP, New York District Judge Says
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.
2nd Circuit, New York, New York Southern DistrictJuly 22, 2020
Second Circuit Broadly Caps Wage Claims Accelerated Before Bankruptcy
Second Circuit prevents ‘artful drafting’ from evading the cap on golden parachutes under Section 502(b)(7).
2nd CircuitJune 30, 2020
Saving a Failing Company Doesn’t Entail ‘Defalcation’ Regarding Union Obligations
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.
2nd Circuit, New York, New York Eastern DistrictJune 02, 2020
Liquidating in Chapter 11 Won’t Stop an EEOC Suit for Employment Discrimination
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.
11th Circuit, Georgia, Georgia Northern DistrictMay 26, 2020
Houston Judge Rejects the Jay Alix Protocol, Allows Retention Under Section 327(a)
Bankruptcy Judge David Jones finds the Jay Alix Protocol to be ‘completely unnecessary.’
5th Circuit, Texas, Texas Southern DistrictApril 07, 2020
Barton Doctrine Didn’t Protect a Special Master from a Preference Suit
Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.
10th Circuit, ColoradoDecember 19, 2019
Supreme Court Grants ‘Cert’ to Decide Whether Inaction Violates the Automatic Stay
Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.
4th Circuit, Virginia, Virginia Eastern DistrictDecember 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 CircuitOctober 31, 2019
Circuit Split Narrows on the Automatic Stay and Turnover of Repossessed Cars
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.
3rd Circuit