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Pending in bankruptcy court in Corpus Christi, TX, is <i>In re ASARCO, LLC, et al.</i>, the largest environmental bankruptcy case ever filed. This article explores the ramificatinos of the case.
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In a matter of first impression, the United States Bankruptcy Court for the Southern District of New York held that the termination premiums assessed against Oneida Ltd. ('Oneida') as a result of the termination of one of Oneida's pension plans during its Chapter 11 case were prepetition 'claims' (as defined in ' 101(5) of title 11 of the United States Code (the 'Bankruptcy Code')) that were discharged under Oneida's confirmed plan of reorganization.
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Recent rulings of interest to you and your practice.
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Important rulings that may affect your practice.
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A question often received from attorneys in matrimonial or other litigated matters is whether or not there are any specific standards that a CPA must adhere to when performing a business valuation engagement. Until Jan. 1, 2008, the answer was, effectively, 'No.' As of the beginning of this year, that answer has now changed.
Legislation and lawsuits challenging the traditional notions of alimony ' such as how long it should be paid and by whom ' are popping up across the nation. At issue is whether judges have too much discretion in deciding how much alimony should be paid, for how long, and whether they unfairly favor ex-wives.
Many same-sex couples made the trip to Massachusetts (for the short time that that state allowed them to) or to Canada to take their vows. Now, New York's courts are gradually building up a string of cases to answer the question that hung so ominously over those out-of-jurisdiction marriages: Would they be recognized here? And the answer, so far, is, 'Yes.'
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Part One of this article discussed preparing for a settlement conference. The conclusion herein covers the conference and post-conference.
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A Manhattan appellate court refused to relinquish jurisdiction over a custody case in which a mother fled with her 5-year-old son to Italy because she thought she was not getting a fair hearing in a New York Family Court. In an unusual ruling in late December 2007, the Appellate Division, First Department, reversed the conclusion of Manhattan Family Court that the case belonged in the Italian courts.
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Family lawyers with cases involving application of Section 105(c) of the UCCJEA need to marshal Internet and other resources to determine whether the child custody law of a foreign jurisdiction violates a child's fundamental right to safety and protection. Although Section 105(c) does not provide a broad exception to the otherwise stringent standards of the UCCJEA, in cases where a child's welfare is threatened by deferral of jurisdiction to a foreign tribunal or enforcement of a foreign order, a trial court can invoke Section 105(c) to circumvent application of the UCCJEA's rigorous jurisdictional and enforcement provisions.