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New Cases For the Week of July 27, 2009 - July 31, 2009
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Click here to search prior New Opinion summaries.
| July 30, 2009 |
Case |
Court |
Holding |
In re Shattuck
(DBN) |
10th Cir. BAP |
The bankruptcy court erred by allowing a non-attorney receiver to appear without counsel and prosecute objections to confirmation of a plan. Neither receivers nor trustees can appear without counsel, as both are representatives of third party estates, and thus do not appear in their individual capacities. |
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| July 28, 2009 |
Case |
Court |
Holding |
In re Foothills Texas, Inc.
(DBN) |
Bankr. DE |
A person holding the title of an officer, including a vice president, is presumptively what he or she appears to be – an officer and, thus, an insider. To overcome that presumption requires the submission of evidence sufficient to establish that the officer does not, in fact, participate in the management of the debtor.
Where vice presidents had broad responsibilities over significant aspects of the Debtors’ business and they reported directly to the Debtors’ President, both men were clearly participating in the management of the Debtors, and were insiders, and thus unable to receive retention bonuses. |
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| July 28, 2009 |
Case |
Court |
Holding |
Boucher v. Shaw
(DBN) |
9th Cir. |
Under the FLSA, individual managers of a company, including, as here, individual managers of a debtor in possession, can be personally liable for the payment of unpaid wages owed to terminated employees. The automatic stay generally provides no protection from such liability. |
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