Supreme Court Offers Ruling on Bankruptcy Appeals Case

first_img Data Provider Black Knight to Acquire Top of Mind 2 days ago Previous: Mortgage Industry Groups Provide Feedback on Universal Mortgage-Backed Security Next: Economy: Recovery From Great Recession ‘Largely Uneven’ Supreme Court Offers Ruling on Bankruptcy Appeals Case Servicers Navigate the Post-Pandemic World 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Sign up for DS News Daily in Daily Dose, Featured, Market Studies, News  Print This Post Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Related Articles About Author: Linda J. St. Pierre Governmental Measures Target Expanded Access to Affordable Housing 2 days agocenter_img Bankruptcy Law Supreme Court 2020-01-23 Mike Albanese The Best Markets For Residential Property Investors 2 days ago The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago January 23, 2020 973 Views On Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit, the Supreme Court rendered a decision in the case of Ritzen Grp., Inc. v. Jackson Masonry, LLC (In re Jackson Masonry, LLC), 906 F. 3d 494, 2018 U.S. App. LEXIS 29009 (6th Cir. Tenn. Oct. 16, 2018).  which held that an order granting relief from the automatic stay that entered without prejudice was final and immediately appealable.  In its decision, the court did not rule on whether an order denying a motion for relief from stay without prejudice is a final order noting that further developments might change the stay calculus under any such ruling.  This decision stems from the case of Ritzen Grp., Inc. V. Jackson Masonry, LLC, 2020 U.S. LEXIS 526.  Ritzen Group, Inc. (Ritzen) sued Jackson Masonry, LLC (“Jackson”) in state court for breach of a land-sale contract.  Thereafter, Jackson filed for Chapter 11 bankruptcy protection which followed by Ritzen’s filing of a motion for relief from the automatic stay seeking an order from the Bankruptcy Court allowing the trial to proceed in state court.  After a hearing on Ritzen’s motion, the Bankruptcy Court denied the motion. Pursuant to 28 U.S.C. §158(c)(2) and Fed. Rule Bkrtcy. Proc. 8002(a), parties are required to appeal from a final order “within 14 days after entry of the …order being appealed”.  Ritzen did not appeal from the order denying relief from stay within that 14 day period, instead, Ritzen proceeded with filing a proof of claim in the underlying Chapter 11 bankruptcy case in pursuit of his breach of contract claim. Only after Ritzen’s Proof of Claim was disallowed did Ritzen filed an appeal in the District Court for the Middle District of Tennessee seeking to challenge the order denying relief from the automatic stay.  On appeal to the District Court, the District Court rejected Ritzen’s appeal of the order holding that under §158(c)(2) and Fed. Rule Bkrtcy Proc. 8002(a), the time to appeal expired 14 days after entry of the bankruptcy order.  Ritzen thereafter filed a further appeal to the Court of Appeals for the Sixth Circuit wherein it affirmed the District Court’s decision. Thereafter, the United States Supreme Court granted certiorari to resolve whether the orders granting relief from stay were final appealable orders under §158(a)(1).  Under review by the Supreme Court was the question of the finality of the order granting relief from stay and therefore the time allowed for appeal from that order.  Ritzen argued that denial of stay relief determines nothing more than the forum for claim adjudication and is nothing more than a preliminary step in the claims adjudication process.  The court rejected that argument. In its analysis, the court determined the applicability of §158(a)’s finality requirement together with its opinion in Bullard V. Blue Hills Bank, 575 U.S. 496, 135 S. Ct. 1686, 191 L. Ed. 2d 621.  In the Bullard case, the court held that an order rejecting a proposed plan was not final because it did not conclusively resolve the relevant “proceeding” and that “proceeding” would continue up to the time the plan was approved.  Id. At 502, 135 S. Ct 1686, 191 L. Ed. 2d 621, Pg. 6. In applying Bullard to its analysis in this case, the court had to determine how to define the immediate appealable “proceeding” in the context of a relief from stay motion. Under this analysis, the court determined that motions for relief from stay are considered a discrete proceeding which disposes of a procedural unit anterior to, and separate from, claim-resolution proceedings which occurs before and apart from the proceedings on the merits of a creditor’s claim.Unlike in Bullard where the court held that an order denying a proposed plan did not resolve the relevant proceeding, the relief from bankruptcy’s automatic stay presents a “discrete dispute qualifying as an independent proceeding within the meaning of §158(a) which terminates a procedural unit separate from the remaining case, not whether the bankruptcy court has preclusively resolved a substantive issue”. The court went on to say that it is common for bankruptcy courts to resolve discrete controversies definitively while leaving the underling bankruptcy case pending.  Delaying appeals of these controversies would postpone appellate review of fully adjudicated disputes until termination of the entire bankruptcy case causing an “untoward consequence”. Early reversals of incorrect decisions would allow a bankruptcy court to unravel later adjudications rendered in reliance on the earlier decision. See Ritzen Grp., Inc. V. Jackson Masonry, LLC at page 6. In rejecting Ritzen’s argument that the denial of stay relief determines nothing more than the forum for claim adjudication and is nothing more than a preliminary step in the claims adjudication process, the court argued that resolution of a motion for stay relief can have large practical consequences including isolating the claim from creditors in lieu of going it alone outside of bankruptcy and that leaving the stay in place can cause value decline and collection delay.  Because the underlying “proceeding” in the Ritzen case was adjudication of a motion for relief from the automatic stay, that denial order was final with nothing more for the bankruptcy court to do in that proceeding.  The decision of the Court of Appeals was Affirmed.   Tagged with: Bankruptcy Law Supreme Court Home / Daily Dose / Supreme Court Offers Ruling on Bankruptcy Appeals Case Share Save Linda St. Pierre focuses her practice primarily on the representation of secured creditors, equity holders, and investors in cases pending under all chapters of the United States Bankruptcy Code. Ms. St. Pierre manages MRLP’s Connecticut bankruptcy team and assists with the firm’s New York office. Linda has over 18 years of bankruptcy and foreclosure experience including representation of Chapter 7 Trustee’s in contested and uncontested bankruptcy matters in all chapters. Subscribelast_img read more

Worker: Olive Garden customer demanded and got white server

first_img Previous articleMichigan ready for Primary, but results will take longer this timeNext articleBenton Harbor man charged with open murder in woman’s shooting death Associated PressNews from the Associated Press and its network of reporters and publications. Worker: Olive Garden customer demanded and got white server (Photo supplied/Olive Garden) EVANSVILLE, Ind. (AP) — Olive Garden has fired the manager of one of its restaurants in southwestern Indiana who was accused of complying with a white customer’s demand to replace her table’s black server with one who wasn’t black.Olive Garden spokeswoman Meagan Bernstein said Wednesday that the company doesn’t tolerate discrimination and decided to “separate with the manager involved” after completing its investigation of the incident last weekend at the restaurant in Evansville.Amira Donahue, a black 16-year-old host, says the manager complied with a female customer’s demands that her group’s black server be replaced with a non-black one. Pinterest IndianaNews By Associated Press – March 5, 2020 1 220 Twitter Google+ WhatsApp WhatsApp Pinterest Facebook Google+ Facebook Twitterlast_img read more

City lift EPL trophy as Huddersfield gain precious point

first_img“You win or lose, you have to try and do what you believe. Today was proof we can do better.“We lost a bit of focus, but that is normal. To make back-to-back titles in this league will be tough, but we accept the challenge.”The celebrations for City’s third title in seven seasons began well before kick-off, both inside and outside their Etihad home ground. But, after a delay while uninvited supporters were removed from the field, Guardiola was finally able to see his team presented with the trophy which marks the third major country in which he has managed a team to a title following successes in Spain and Germany with Barcelona and Bayern Munich.“England is a special place and is so tough,” Guardiola told Sky Sports. “Today we saw it. You never know if you are going to win, but I had no doubt what I had to do. Manchester, United Kingdom | AFP | It took three weeks for Manchester City captain Vincent Kompany to finally get his hands on the Premier League trophy but, on a day of celebrations at the Etihad, a goalless draw may have left Huddersfield Town as the big winners.A strong showing from the struggling visitors earned a valuable point which may be enough to keep them in the Premier League for a second season, an impressive achievement given their limited resources.They also frustrated the bid by Pep Guardiola’s runaway champions to set new Premier League records for the most goals, points and wins in a season — all marks which could yet be claimed by City in the season’s final week in which they play Brighton and Southampton.center_img Supporters were issued with blue and white flags to greet the champions as they were given yet another guard of honour on their way onto the field before kick-off.They were also met by the survivors of City’s famous 1968 title-winning side, a squad led by club legends Colin Bell, Francis Lee and Mike Summerbee who were all on hand to receive an emotional welcome from fans who remember their feats half a century on.Share on: WhatsApp Pages: 1 2last_img read more

Hertfordshire girls win inaugural matches

first_img23 Aug 2012 Hertfordshire girls win inaugural matches Hertfordshire girls won the inaugural East region junior county match week at South Herts Golf Club. The team (Image © Leaderboard Photography) won all five of their matches, beating Bedfordshire 3½-2½, Essex 4½-1½, Suffolk 6-0, Norfolk 5-1 and Cambs & Hunts 6-0. Every member of the team contributed to the score and their top scorer was Scotland girl international Nicola Callander (Mill Green), who played all five games and won them all. The other team members were: Nicola Bennett (Porters Park), Emily Chan (South Herts), Alice Hewson (Berkhamsted), Zara Houchin (The Hertfordshire), Sian Hulse (Mill Green), Ella Ofstedahl (Mill Green) and Hannah Screen (Berkhamsted). The runners-up were Suffolk on 4pts, followed by Bedfordshire 3, Essex 1½, Norfolk 1 and Cambs & Hunts ½. Kent took the honours in the South region junior county match week, hosted by Hampshire at Basingstoke. They scored 3½ points from the four matches, halving with Surrey and beating Sussex 6-1, Hampshire 5-2 and Middlesex 6-1. The runners-up were Surrey, on countback from Sussex, after both scored 2½ points, Hampshire 1½, Middlesex 0. Kent’s top scorer was Emily Royer (Chart Hills) who won all four of her matches, followed closely by Jerri Sewell (Shooters Hill) who won 3½ points from four. Also unbeaten was Molly Lawrence (Rochester & Cobham) with three out of three. The team was completed by Marnie Barber (North Foreland), Jessica Gregory (Sittingbourne), Fiona McCann (North Foreland), Ainee O’Connor (Sundridge Park) and Lily Price (Royal Blackheath).last_img read more

Santa Brings The World’s Skateboarders A Gift – NewWood

first_imgELMA – With help from an angel in New Jersey, Santa will be bringing skateboarders around the world improved skateboard ramps using a 100 percent recycled product – NewWood.This recent development will not only bring Christmas cheer to the skateboarders receiving quarter pipe and half pipe ramps from OC Ramps in Orange County, Calif., but also to NewWood Manufacturing, located at Satsop Business Park in Elma, Wash. NewWood, which has been operating for a year producing a utility board created from post consumer wood waste and discarded plastic bags, transformed an idled factory in an economically challenged area into a business that employs 40 people with hopes of hiring more.“We’re excited,” said Lincoln Ferris, NewWood Manufacturing’s vice president for strategic development. “I think this is one in what will be a long stream of applications we never anticipated. It demonstrates that our product’s properties work for lots of people.”Tyler Large, founder and owner of OC Ramps, said he was amazed at the flexibility, durability, weather-resistance and low cost of NewWood, all which helped make it a perfect material for skateboard ramps, which get a lot of abuse and are out in the weather.“Right now we are starting off using NewWood for the surface of the ramps, but our ultimate goal would be to use it on all exposed surfaces,” he said.Currently a purchaser needs to ask specifically to have the NewWood surface put on the ramp, Large explained. The ramps, which are sold in easy-to-assemble kits, are on display now through Christmas Eve at a Costco in Orange County, and are available online – with free shipping – at OCramps.com.But none of this would have happened if that angel in New Jersey with an extensive background in composites and recycled products hadn’t been surfing the internet one day and discovered NewWood.Stephan Lerman, owner and CEO of GreenTek, helped develop and bring Trex and EverGrain to the marketplace in the early ‘90s. He was so intrigued with NewWood Manufacturing’s unique technology that he flew across the country to tour the factory and then partnered with NewWood to represent, distribute and manufacture products made of NewWood.He made a cold call to OC Ramps and piqued owner Large’s interest enough to create a prototype ramp and conduct some tests of his own.“The reason we were interested in it,” Large said, “is that it is a green product, made of recycled wood and plastic, but also because of its longevity. It will outlast any type of material on the market. A pet peeve of skateboard ramp owners is the lack of longevity. The ramps are mostly too heavy to bring inside, so they’re out in the elements. With NewWood, the life of a ramp will be increased.“We’ve done our own tests here,” he explained. “I was initially concerned with how well it truly holds up in the weather. So, for the past four months I’ve had a small piece of NewWood soaking in a bucket of water in my office. It hasn’t expanded. It hasn’t contracted. It hasn’t warped and it hasn’t bubbled. It is the same exact piece of material that we put in there four months ago,” Large said.“If that were plywood it would have been warped or expanded or bubbled after a week,” he said.“I think it’s pretty cool,” said Lerman of the marriage of NewWood to skateboard ramps. “The material works perfectly. Even the look is neat. I think it’s going to be a success here in the United States and I think all over the world.”“We’ve been using another composite material on our ramps,” Large said.“It works well but is extremely expensive. Also, it’s very brittle and a nightmare to install and burns through our drill bits fast. With NewWood it installed incredibly easily, bent to the form of the ramps and didn’t go through my drill bits.”It’s those kinds of properties that NewWood’s Ferris says are getting attention in a variety of industries.NewWood will be demonstrating a variety of uses of its product at the Northwest Flower and Garden Show at Seattle Convention Center in February. Benches, planters and retaining walls for planting beds will be among the items included in the display garden.“Also, we just sent NewWood out for racking tests that measure its strength, and it had a much stronger internal bond than some of the competing engineered wood products,” said Ferris. “So, it’s on it way to getting a span rating for use in home construction and low-rise apartment buildings. We can see it being used in places that have hurricanes and earthquakes.”Lerman also sees possibilities in the furniture industry, as fencing, as underlayment, and in the marine industry.Even Large, the skateboard ramp expert, can see NewWood being used in another industry – snowboard ramps.“I think we’ll keep finding applications for this product and it will start to snowball,” Lerman said.  “I think it’s going to be a huge success. It’s a great opportunity. It’s phenomenal. A panel product that is made of 100 percent recycled material with these attributes …This is a ground floor opportunity, the next Trex.”For more information about NewWood Manufacturing, go to NewWood.com. Facebook0Tweet0Pin0Dec. 12, 2011 The Park is managed by the Grays Harbor Public Development Authority, a public corporation whose mission is to create new jobs and investment for the region. More information on Satsop Business Park can be found at www.Satsop.com.center_img Satsop Business Park is a 1,700-acre mixed-use business and technology park located in scenic Grays Harbor County in Southwest Washington just 30 minutes from Olympia and the I-5 corridor. It is home to more than 30 businesses, offers 440 acres of developed, pad-ready land and buildings supported by super-sized infrastructure and surrounded by 1,200 acres of sustainable managed forestland. last_img read more