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Quick Poll Archive 2007

Quick Poll Archive (Before 2007)

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2009
Oct 12	Under sect 503(c )(3), a payment to an insider that is not in the ordinary course may be granted administrative expense priority only if the court finds, independent of the debtor’s business justification, that the payment is in the best interest of the parties. (In re Pilgrim’s Pride, N.D. Tx)


Sep 28	Sen. Kennedy is remembered for his 2005 KERP amendment to chapter 11. The law has been effective in limiting excessive executive compensation.


Sep 14	Even if a chapter 7 case is a "no asset" case, where a debtor fails to schedule a creditor, the debt is not discharged. Colonial Surety Co. v. Weizman (2nd Cir. 5/6/09)


Aug 24	A bankruptcy court has the power, under its inherent authority, to disbar or suspend an attorney, provided the attorney is accorded due process. In re Lehtinen, 2009 WL 1119530 (9th Cir. Apr 28, 2009).


Jul 27	A municipal debtor in chapter 9 can reject collective bargaining agreements, without regard to either state labor law or section 1113, subject only to the terms of section 365. (City of Vallejo, Bankr E.D. Cal 3/13/09).


Jul 17	What will be the biggest impact of a CIT bankruptcy on the loan market?


Jun 15	The bankruptcy court erred in holding that payments due the Pension Benefit Guaranty Corporation as a result of an employer's termination of a pension plan while undergoing reorganization in bankruptcy are dischargeable, contingent pre-petition claims. PBGC v. Oneida Ltd. (2nd Cir. Apr. 8, 2009).