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case updates … the hits just keep on coming

Cir 4

Tidewater Fin. Co. v. Williams, No. 06-1618

In Chapter 7 bankruptcy proceedings, summary judgment for debtor is affirmed as tolling of the mandatory period a debtor must wait to obtain a second Chapter 7 discharge, during the pendency of any intervening Chapter 13 proceeding filed by the debtor, does not apply in this case. Read more…

Cir 8

In re: Falcon Prods., Inc., No. 06-3728

A decision in Chapter 11 bankruptcy proceedings terminating three pension plans is affirmed where: 1) it was unnecessary for the court to address whether ERISA mandates a plan-by-plan or aggregate approach to the Reorganization Test; and 2) the bankruptcy court correctly decided that, under section 1341, termination of all three pension plans was warranted as the debtor company could not survive outside of Chapter 11 bankruptcy without the $50 million investment which was conditioned on termination of the pension plans. Read more…

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