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18 Jun 2013, 1:06 am by Binder & Malter, LLP
. ___ (2013), the United State Supreme Court held that the term “defalcation” in the Bankruptcy Code includes a culpable state of mind requirement involving knowledge of, or gross recklessness in respect to, the improper nature of the fiduciary behavior giving rise to liability. [read post]
18 Jun 2013, 1:06 am by Binder & Malter, LLP
. ___ (2013), the United State Supreme Court held that the term “defalcation” in the Bankruptcy Code includes a culpable state of mind requirement involving knowledge of, or gross recklessness in respect to, the improper nature of the fiduciary behavior giving rise to liability. [read post]
18 Jun 2013, 1:06 am by Binder & Malter, LLP
. ___ (2013), the United State Supreme Court held that the term “defalcation” in the Bankruptcy Code includes a culpable state of mind requirement involving knowledge of, or gross recklessness in respect to, the improper nature of the fiduciary behavior giving rise to liability. [read post]
14 Jun 2013, 5:55 pm by Stephen Bilkis
On 23 December 2003, both parties' applications for temporary custody were denied and an injunction was issued prohibiting either party from taking the children out of the United States. [read post]
14 Jun 2013, 9:41 am
The opinion, however, is based almost entirely upon (a misreading of) Virginia law, and so the grounds for review by the United States Supreme Court are virtually nil. [read post]
13 Jun 2013, 6:36 am
CarrionHeld: Shareholders seeking a hostile takeover of a publicly traded REIT are bound to arbitrate their disputes with the REIT and its board of trustees under a bilateral agreement to arbitrate stated in the REIT’s bylaws. [read post]
11 Jun 2013, 7:58 am by Debra A. McCurdy
The OIG has issued a final rule on data mining by State Medicaid Fraud Control Units. [read post]
10 Jun 2013, 5:46 pm
The United States Supreme Court in Jones, 443 U.S. 595, and Milivojevich, 426 U.S. 696, has defined approaches that state courts may apply in determining religious disputes without violating the First Amendment. [read post]
10 Jun 2013, 3:59 pm by Blue Blog
  Truly, I am honored to serve our community and our youth in this capacity” states Mark. [read post]
10 Jun 2013, 9:48 am by Editorial Board
Koeltl of the United States District Court for the Southern District of New York granted in part and denied in part a motion to dismiss claims brought against U.S. [read post]
5 Jun 2013, 9:01 pm by Neil H. Buchanan
  Therefore, their working lives, too, have already been strongly harmed by the stratification of incomes in the United States. [read post]
5 Jun 2013, 6:32 pm by Mary Dwyer
United States 12-1056Issue: (1) Whether a conspiracy charge under 18 U.S.C. [read post]
4 Jun 2013, 2:53 am by Binder & Malter, LLP
Section 707(a) states: (a) The court may dismiss a case under this chapter only after notice and a hearing and only for cause, including – (1) unreasonable delay by the debtor that is prejudicial to creditors; (2) nonpayment of any fees and charges required under chapter 123 of title 28; and, (3) failure of the debtor in a voluntary case to file, within fifteen days or such additional time as the court may allow after the filing of the petition commencing such case, the information… [read post]
4 Jun 2013, 2:53 am by Binder & Malter, LLP
Section 707(a) states: (a) The court may dismiss a case under this chapter only after notice and a hearing and only for cause, including – (1) unreasonable delay by the debtor that is prejudicial to creditors; (2) nonpayment of any fees and charges required under chapter 123 of title 28; and, (3) failure of the debtor in a voluntary case to file, within fifteen days or such additional time as the court may allow after the filing of the petition commencing such case, the information… [read post]
4 Jun 2013, 2:53 am by Binder & Malter, LLP
Section 707(a) states: (a) The court may dismiss a case under this chapter only after notice and a hearing and only for cause, including – (1) unreasonable delay by the debtor that is prejudicial to creditors; (2) nonpayment of any fees and charges required under chapter 123 of title 28; and, (3) failure of the debtor in a voluntary case to file, within fifteen days or such additional time as the court may allow after the filing of the petition commencing such case, the information… [read post]
22 May 2013, 6:09 am by Marie-Andree Weiss
These questions have not been clearly resolved in this particular context under United States law. [read post]