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New Cases For the Week of April 6, 2009 - April 10, 2009
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Click here to search prior New Opinion summaries.
| April 9, 2009 |
Case |
Court |
Holding |
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2nd Cir. |
The bankruptcy court erred in holding that payments due the Pension Benefit Guaranty Corporation as a result of an employer's termination of a pension plan while undergoing reorganization in bankruptcy are dischargeable, contingent pre-petition claims. |
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| April 8, 2009 |
Case |
Court |
Holding |
In re Bally Total Fitness
(DBN Subscription Required) |
Bankr. S.D. N.Y. |
A class proof of claim is generally appropriate in two situations: (i) where there has been a pre-petition class certification and (ii) where the members of the putative class have not received adequate notice of the bankruptcy. As neither of these paradigms exist in this case, a class proof of claim is inappropriate. |
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