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Utility reaches $11B deal with California wildfire insurers
Pacific Gas & Electric has agreed to pay $11 billion to a group of insurance companies representing most of the claims from Northern California wildfires in 2017 and 2018 as the company tries to emerge from bankruptcy, the utility announced Friday. The utility said in a statement the tentative agreement was reached with insurance companies […]
Utility reaches $11B deal with California wildfire insurers
Pacific Gas & Electric has agreed to pay $11 billion to a group of insurance companies representing most of the claims from Northern California wildfires in 2017 and 2018 as the company tries to emerge from bankruptcy, the utility announced Friday. The utility said in a statement the tentative agreement was reached with insurance companies […]
Ferguson needn’t rescind warrant against bankrupt driver
When a citizen declares personal bankruptcy, federal law shields him or her with an “automatic stay” — a mechanism that blocks creditors from trying to collect debts that arose before the bankruptcy filing. But does an automatic stay mean that a city must rescind an arrest warrant issued against an insolvent person who has failed […]
Blackjewel CEO confident bankrupt coal operator will rebound
The CEO of one of the nation’s largest coal producers says he’s confident the company will bounce back despite the shutdown of several mines after it filed for federal bankruptcy protection. Milton-based Blackjewel LLC filed for Chapter 11 bankruptcy protection this week in U.S. Bankruptcy Court for southern West Virginia. News outlets reported the company […]
Blackjewel CEO confident bankrupt coal operator will rebound
The CEO of one of the nation’s largest coal producers says he’s confident the company will bounce back despite the shutdown of several mines after it filed for federal bankruptcy protection. Milton-based Blackjewel LLC filed for Chapter 11 bankruptcy protection this week in U.S. Bankruptcy Court for southern West Virginia. News outlets reported the company […]
Bankruptcy: Eligibility-Credit Counseling Requirement-Refiling Bar
Where a debtor challenged the dismissal of her bankruptcy case, the judgment is affirmed because the debtor failed to file a certificate of completion stating that she had received the required credit counseling, so she did not meet the eligibility requirements for individual debtors, and the court did not abuse its discretion in barring […]
Bankruptcy: Bifurcation of Secured Claim-Manufactured Home-Anti-Modification Provision
Debtors filed for Chapter 13 bankruptcy; their plan proposed that appellant’s secured claim in debtor’s manufactured home would be bifurcated into secured and unsecured parts. The bankruptcy court overruled appellant’s objection, ruling that the anti-modification provision of the bankruptcy code did not apply to appellant’s claim. Where debtors owned the manufactured home while appe[...]
Bankruptcy: Judicial Lien-Enforceability
Where appellant argued that the bankruptcy court erred in granting a debtor’s motion to avoid its judicial lien, the cloud on title created by the appellant’s recording of its judgment fastened an existing but presently unenforceable line on the property, so the bankruptcy court properly granted the debtor’s motion to avoid the lien. Judgment is […]
Bankruptcy: Filing Fee-Opinions Subhead
Where a debtor challenged the denial of her motion to reconsider an order that indefinitely extended the deadlines for the payment of the last two installments of her filing fee, the judgment is affirmed because the debtor did not identify erroneous facts or an incorrect application of the law. Judgment is affirmed. Curran v. Moon […]
Bankruptcy: Bankruptcy Discharge Injunction-Contempt-Preclusive Effect
Plaintiffs appealed the district court’s order affirming the bankruptcy court’s order holding plaintiffs in contempt for violating a final bankruptcy-discharge injunction. On appeal, plaintiffs argued that an earlier bankruptcy court order and related state court judgments ruling that plaintiffs could foreclose on defendants’ collateral had preclusive effect on the injunction. Where bankrupt[...]
Bankruptcy: Relief from Stay-Foreclosure Sale-Jurisdiction
Where a debtor challenged an order granting relief from the automatic stay, the debtor did not obtain a stay pending appeal and the underlying property was sold to a bank at a foreclosure sale, so no effective relief can be provided and the appeal must be dismissed. Appeal is dismissed. Marshall v. Deutsche Bank Nat’l […]
Bankruptcy: Class-Action Settlement-Cy Pres Distribution-Disgorgement of Attorneys’ Fees
Petitioner filed a claim against debtor, which acted as class counsel in petitioner’s securities class action. Debtor’s chosen claims administrator fraudulently asserted claims of more than $5.8 million. After distributions to the class, debtor successfully obtained a cy pres distribution and supplemental fee award from the remaining settlement fund. Petitioner sought disgorgement of attorneys[...]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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