View or download the complete article I. INTRODUCTION The Weltfinanzkrise slammed into the world automotive industry with hurricane force on Sunday, September 14
Also tagged automotive-industry, complete, complete-article, force-on-sunday, sunday, the-world, weltfinanzkrise, worldIn re North Shore Hematology-Oncology Associates held that appointment of a healthcare ombudsman is not necessary unless patients’ rights to quality care and privacy have already been violated. The threshold for appointing a healthcare ombudsman is very high and requires evidence that patients are
Also tagged associates, healthcare-ombudsman, north, north-shore, not-necessary, oncology-associates, unless-patients, very-highNOTE: The case links below may be accessed by lexis.com subscribers. Non-subscribers may obtain research packages by the day, week, or month at lexisONE In Commercial and Residential Maintenance, Inc. v. Abblitt (In re Abblitt) , 2009 Bankr. LEXIS 4084 (Bankr. D. Or. Dec. 21
Also tagged abblitt, commercial, lexis, month-at-lexisone, note, research-packages, residentialBankruptcy courts have broad authority to discipline attorneys pursuant to their inherent sanction power. In the recent Price v. Lehtinen (In re Lehtinen) decision, the Ninth Circuit stated that bankruptcy courts can exercise their inherent power to sanction attorneys in any way that is not puniti
Also tagged bankruptcy-courts, broad-authority, discipline-attorneys, inherent, lehtinen, ninth, ninth-circuit, not-puniti, price, sanction-attorneys, the-recent, their-inherentThis Emerging Issues Analysis examines a bankruptcy court’s decision to order the implementation of certain accounting procedures where punitive damages alone would not make the mortgage company change its behavior. The court relied on its own inherent authority as well as the author
Also tagged analysis, author, certain-accounting, emerging, emerging-issues, implementation, its-own, make-the-mortgage, mortgage, not-make, relied-on-its, the-authorThe Seventh Circuit’s decision to reverse a ruling on valuation made by the Northern District of Illinois District Court regarding collateral for United Airlines bonds is an interesting one in its own right, for its approach to valuing collateral in bankruptcy. It is also an important development
Also tagged illinois, illinois-district, important-development, its-own, northern, regarding-collateral, seventh, seventh-circuit, united, united-airlines, valuation-made, valuing-collateralTwo recent decisions in retail apparel bankruptcy cases, in Delaware and New York, highlight the ongoing uncertainty regarding “stub rent”. While the ultimate financial outcomes for the landlords in the two cases are similar, the different approaches taken by the courts leave open questi
Also tagged approaches-taken, courts, leave-open, recent-decisions, the-courts, the-ultimate, ultimateNOTE: The links below may be accessed by lexis.com subscribers. Non-subscribers may obtain research packages by the day, week, or month at lexisONE In 2009 Congress enacted I.R.C. Section 108(i), which permits a taxpayer to defer recognition of COD income when the taxpayer or a related
Also tagged cod, congress, defer-recognition, links-below, may-obtain, month-at-lexisone, note, research-packages, taxpayer, the-day, the-taxpayerIn this Emerging Issues Analysis, James Lawniczak considers the Second Circuit’s holding that an unsecured creditor has a valid claim under a prepetition indemnity agreement for the expenditure of postpetition attorneys’ fees related to the litigation of issues under the underlying contract. The d
Also tagged considers-the-second, emerging, emerging-issues, fees-related, james, james-lawniczak, valid-claimCommon sense dictates that a transaction is not at arms length when one of the transacting parties is coerced into purchasing inventory it does not need, does not have the cash to finance the purchase, and is forced out compliance with financial covenants by the purchase. So the Third Circuit held
Also tagged arms-length, cash, does-not, finance-the-purchase, financial-covenants, forced-out, purchase, sense-dictates, the-transacting, third-circuit, transacting