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Warren is a clinical psychologist and author of eight books on love, marriage and emotional health.
During 35 years of counseling thousands of married couples, Dr.
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Creation of an attorney-client relationship requires the express agreement of the firm. Quite a bit, as the Bankruptcy Code’s back pay provision demonstrates. That status is important; unlike other bankruptcy claims, administrative expense claims typically receive payment in full. See In re Trump Entertainment Resorts, Inc., 2015 WL 1084294, at *3 (Bankr. The ruling also shows that no matter how strong a union’s apparent position on a legal issue in bankruptcy, there are often significant negative consequences if a court, as here, views the union as failing to wholeheartedly commit to bargaining. In addition, under the proposed plan, family shareholders would be allowed to pay certain sums to the reorganized companies in order to retain their ownership interest and control of the companies, and, on top of that, be released from potential liability, including for their pre-bankruptcy conduct. The fund asserted that the companies’ bankruptcy and pre-bankruptcy conduct were evidence of bad faith, and were “transactions” under the MPPAA’s “evade or avoid” limitation on an employer’s ability to avoid withdrawal liability. The court also denied the fund’s motion to dismiss the bankruptcy. According to the decision of Judge Todd Campbell, the companies had improperly used the bankruptcy to frustrate the ability of its largest creditor—the pension fund—to collect withdrawal liability. However, Judge Cogan wrote that whether the particular circumstances in Canal’s bankruptcy would justify such non-debtor protection was a question entirely for the bankruptcy court, adding “[t]hat is just not my problem.” Pavers is a sensible decision that sheds some needed light on the sometimes murky intersection of bankruptcy law and the alter ego doctrine.… continue reading »