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The Official Committee of Unsecured Creditors of Cybergenics Corporation v. Chinery, etc., et al,
Bankruptcy courts may authorize creditors' committees to sue derivatively to avoid fraudulent transfers for the benefit of the estate; Hartford Underwriters Ins. Co. v. Union Planters Bank, a Chapter 7 case that interpreted the text of 11 U.S.C. � 506(c) to foreclose anyone other than a trustee from seeking to recover administrative costs on its own behalf, does not operate to prevent the Bankruptcy Court from authorizing such suits; the judgment of the District Court is reversed.ARCNET Architects, Inc. v. New Jersey Property-Liability Insurance Guaranty Association
Pursuant to the 2004 amendment to the Property-Liability Insurance Guaranty Association Act that clarified the definition of "covered claims," attorneys' fees and other claim expenses incurred prior to the date of an insurance company's insolvency are not, and never have been, covered claims; thus, the attorneys' fees and other related claim expenses here, incurred before the amendment's effective date, are not payable by PLIGA.In re Mercedes-Benz Antitrust Litigation
Where defendants moved for summary judgment and plaintiffs moved to strike affidavits filed in support of the motion because of defendants' failure to disclose affiants' identities (an officer for the corporation and an expert), or that they had knowledge of issues in support of the motion, defendants were required to disclose the identify of the officer but not the expert, and such failure was not harmless or justified; although the affidavit is not excluded, plaintiffs are given opportunity to depose him.TRENDING STORIES
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