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10 Jun 2009, 12:00 am
School Board for Santa Rosa County, Florida which among other things enjoined school officials from authorizing or including prayers as part of school events, including graduation ceremonies. [read post]
9 Jun 2009, 12:01 pm
Steve Jakubowski continues his interesting ruminations over the Chyrlser sale, noting that he doubts that Justice Ginsburg is "losing sleep over whether the sale is a sub rosa plan or whether the absolute priority rule was violated. [read post]
9 Jun 2009, 1:22 am
As noted in my Part I analysis, however, I doubt she's losing sleep over whether the sale is a sub rosa plan or whether the absolute priority rule was violated. [read post]
8 Jun 2009, 8:55 am
The Solicitor General then goes on to argue that the bankruptcy court court found that this was not a sub rosa plan, and that finding is correct. [read post]
7 Jun 2009, 7:51 am
In a large part the bankruptcy part of the appeal to the Supreme Court is based on the old sub rosa plan argument. [read post]
6 Jun 2009, 12:12 pm
Almost sub rosa, the Internet has become a global trading platform rivaling any history has yet produced. [read post]
5 Jun 2009, 5:09 pm
Almost sub rosa, the Internet has become a global trading platform rivaling any history has yet produced. [read post]
4 Jun 2009, 5:06 pm
Subsumed within this issue are the claims that the Chrysler sale was a sub rosa, that the plan violated the absolute priority rule, and that the debtors' assets can't be sold "free and clear" of tort claims under §363(f).If you've been reading my posts, you know that I believe the sub rosa plan and absolute priority rule issues to be based on either a misunderstanding of the deal… [read post]
4 Jun 2009, 4:22 pm
Here's my thoughts on a few of the key issues in the opinion that I touched upon in prior posts: Was it a sub rosa plan (as questioned here)? [read post]
4 Jun 2009, 3:44 am
Almost sub rosa, the Internet has become a global trading platform rivaling any history has yet produced. [read post]
3 Jun 2009, 11:22 am
Judge Gonzalez (i) distinguished a valid sale transaction under section 363 of the Bankruptcy Code (a “363 sale”) from a sub rosa plan, (ii) enforced contractual provisions that restrict a minority secured lender’s standing to object and (iii) ruled that tort claims are extinguished in a 363 sale.[4] Court Denies that the Sale Transaction is a Sub Rosa Plan The Indiana Funds argued that the Sale Transaction was an attempt to circumvent chapter 11… [read post]
3 Jun 2009, 4:10 am
De La Rosa, 2009 Ore. [read post]
2 Jun 2009, 6:09 pm
But the arguments she advanced against the sale motion, including the old favorite "sub rosa plan" argument (don't get me started), and an argument that §363(f) only applies to "in rem" interests, despite the contrary holding in TWA, don't strike me as persuasive.I was not persuaded by the Indiana Pension Funds either, but it strikes me that this tort plaintiff appeal and the Indiana appeal are the… [read post]
2 Jun 2009, 12:05 am
Other objections in this category which contend that the Sale Transaction is a sub rosa plan are overruled as to that issue but are addressed by the relevant sections of this Opinion. [read post]
1 Jun 2009, 3:20 pm
We can debate whether it is wise for the government to bail out the Unions, but it still does not make it a sub rosa plan. [read post]
1 Jun 2009, 9:11 am
The use of a sale/liquidation as a type of sub rosa plan of reorganization isn't a novel idea (and this one's a steamroller), but GM's use of a specially-created, publicly traded New GM buyer strikes me as novel. [read post]
1 Jun 2009, 5:08 am
No word if Rosas will face any criminal charges from her alleged theft from the elderly. [read post]
31 May 2009, 8:52 am
In the recent Full Court of the Family Court case of Rosa and Rosa, the court dismissed an appeal by the mother from a Federal Magistrate's decision that left her living in North West Queensland, rather than her preferred option of Sydney or gave her the option of the child being in North West Queensland with the father, with the mother being able to move to Sydney. [read post]
30 May 2009, 7:24 am
The man's wife and passenger, Donna Marie Berry, suffered critical injuries, and was flown to Memorial Hospital in Santa Rosa. [read post]
27 May 2009, 10:14 pm
Kelley was flown to Santa Rosa Memorial Hospital with a possible spinal injury, and the skateboarder was transported to the same hospital by ambulance. [read post]
