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New Cases For the Week of November 3, 2008 - November 7, 2008
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Click here to search prior New Opinion summaries.
| November 6, 2008 |
Case |
Court |
Holding |
In re HNRC Dissolution Co.
(DBN Subscription Required) |
6th Cir. BAP |
A debtor's "withdrawal liability," arising from the debtor's post-petition termination of it's pension plan, lacks a sufficient causal connection to post-petition work by employees to qualify as an administrative claim. Moreover, the liability does not fall within the Reading exception (costs of operating the estate which d not provide a benefit) since that exception is limited to: (i)claims arising from tortious or deliberate post-petition misconduct by the Debtor and (ii) post-petition claims implicating special concern of public safety or welfare. |
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| November 5, 2008 |
Case |
Court |
Holding |
In re Sterten
(DBN Subscription Required) |
3rd Cir. |
The "tolerance for accuracy" defense (15 USC 1605(f)) in a Truth in Lending case, is a general (i.e., not "affirmative") defense. |
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