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Personnel records « Employment Law Blog - Sussman Shank LLP
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Employment Law Blog – Sussman Shank LLP. What's new in the employment realm…. Tag Archives: Personnel records. It’s a data breach! This case serves as a reminder to comply with best practices and legal requirements for safeguarding the personal information of employees — or anyone who provides personal information, such as customers or medical patients. We are happy to assist in this area. The case is captioned Hapka v. CareCentrix, Inc. Follow Blog via Email. NLRA – NLRB. Blog at WordPress.com.
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Rules & Procedures « Pacific NW Bankruptcy Blog
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Pacific NW Bankruptcy Blog. Tag Archives: Rules and Procedures. FRBP 7004(e) Amended to Require Service of a Summons Within Seven Days of Issuance. By Thomas W. Stilley. Effective December 1, 2014, Federal Rule of Bankruptcy Procedure 7004(e) was amended to require service of a summons in an adversary proceeding within seven days of its issuance. This cuts in half the previously allowed 14-day time period. Defendants still have 30 days from issuance of the summons to respond to the complaint. To bankrupt...
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Bankruptcy « Pacific NW Bankruptcy Blog
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Pacific NW Bankruptcy Blog. Ninth Circuit Extends “Barton” Doctrine to Bar Suit Against Creditors’ Committee Members Without Authorization from the Bankruptcy Court. By Thomas W. Stilley. Blixseth v. Brown (In re Yellowstone Mountain Club). 841 F3d 1090 (9th Cir 2016), the Ninth Circuit extended the Supreme Court’s holding in. Barton v. Barbour. Doctrine,” the panel concluded that. Review of 2015 Large Company Bankruptcy Filings and Court Decisions. By Thomas W. Stilley. By Thomas W. Stilley. In a major ...
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Claims and Interests « Pacific NW Bankruptcy Blog
https://bankruptcylaw.sussmanshank.com/category/bankruptcy/claims-and-interests
Pacific NW Bankruptcy Blog. Category Archives: Claims and Interests. Newspaper Notice to Unknown Creditors: Still the Only Process that is Due. By Thomas W. Stilley. Mullane v. Central Hanover Bank and Trust Co. 339 US 306 (1950), that publication in a newspaper of national circulation provides notice to unknown creditors sufficient to comply with their due process rights. The issue recently was tested in a case before the United States Bankruptcy Court for the Eastern District of Virginia,.
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avoidance actions « Pacific NW Bankruptcy Blog
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Pacific NW Bankruptcy Blog. Tag Archives: avoidance actions. Ninth Circuit Rules that Deprizio Waivers Are Still Relevant, at Least to a Guarantor. By Thomas W. Stilley. On May 6, 2015, in. Stahl v. Simon (In re Adamson Apparel, Inc.). Levit v. Ingersoll Rand Fin. Corp. (In re Deprizio). Decision, but prior to the Bankruptcy Code amendments, a number of bankruptcy courts, including the District of Oregon in. In re USA Detergents, Inc. 418 BR. 533 (Bankr. D. Del. 2009;. In re Pro Page Partners, LLC. Cir M...
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Plans « Pacific NW Bankruptcy Blog
https://bankruptcylaw.sussmanshank.com/category/bankruptcy/plans
Pacific NW Bankruptcy Blog. 9th CIRCUIT HOLDS ABSOLUTE PRIORITY RULE APPLIES IN INDIVIDUAL DEBTOR CHAPTER 11 CASES. By Thomas W. Stilley. In a major development affecting individual chapter 11 bankruptcy debtors, the 9th Circuit Court of Appeals has overruled earlier case law and ruled that the “absolute priority rule” under 11 U.S.C. 1129(b)(2)(B)(ii) continues to apply to individual debtors following the 2005 BAPCPA amendments to the Bankruptcy Code. No 13-16402 (January 28, 2016) (“. In re Friedman,.
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Thomas W. Stilley « Pacific NW Bankruptcy Blog
https://bankruptcylaw.sussmanshank.com/author/tstilley1
Pacific NW Bankruptcy Blog. Author Archives: Thomas W. Stilley. Ninth Circuit Extends “Barton” Doctrine to Bar Suit Against Creditors’ Committee Members Without Authorization from the Bankruptcy Court. By Thomas W. Stilley. Blixseth v. Brown (In re Yellowstone Mountain Club). 841 F3d 1090 (9th Cir 2016), the Ninth Circuit extended the Supreme Court’s holding in. Barton v. Barbour. Doctrine,” the panel concluded that. Review of 2015 Large Company Bankruptcy Filings and Court Decisions. In a major developm...
bankruptcylaw.sussmanshank.com
Absolute Priority Rule « Pacific NW Bankruptcy Blog
https://bankruptcylaw.sussmanshank.com/tag/absolute-priority-rule
Pacific NW Bankruptcy Blog. Tag Archives: Absolute Priority Rule. 9th CIRCUIT HOLDS ABSOLUTE PRIORITY RULE APPLIES IN INDIVIDUAL DEBTOR CHAPTER 11 CASES. By Thomas W. Stilley. See David K. Zachary v. California Bank and Trust (In re Zachary). No 13-16402 (January 28, 2016) (“. All property of the kind specified in section 541. Acquired by an individual debtor after. In re Friedman,. 466 BR. 471 (9th Cir. BAP 2012), and a majority of the district, bankruptcy appellate, and bankruptcy courts, adopt...Creat...
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Bankruptcy Court Refuses to Approve Provision of Employment Application Providing Indemnity for Fees Incurred in Successful Defense of Fee Request « Pacific NW Bankruptcy Blog
https://bankruptcylaw.sussmanshank.com/2016/02/02/bankruptcy-court-refuses-to-approve-provision-of-employment-application-providing-indemnity-for-fees-incurred-in-successful-defense-of-fee-request
Pacific NW Bankruptcy Blog. Bankruptcy Court Refuses to Approve Provision of Employment Application Providing Indemnity for Fees Incurred in Successful Defense of Fee Request. By Timothy A. Solomon. On January 29, 2016, the United States Bankruptcy Court for the District of Delaware refused to approve a provision in a retention application that would have allowed counsel to be reimbursed by the bankruptcy estate for fees incurred in a successful defense of an objection to their fees in the case. By appea...
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