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Burtch v. Ganz

Ruling
Debtor's attorney's law firm was not liable for turnover of assets allegedly embezzled by the attorney where debtor's officers and directors did not exercise due diligence.
Procedural posture

Appellant debtor officers sought review of a decision from the Bankruptcy Court for the Eastern District of Pennsylvania, which found that the debtor's bankruptcy attorney's firm was not liable for turnover of the debtor's assets, officers of the debtor had a fiduciary duty to protect assets and did not exercise due diligence, and the statute of limitations was not tolled for the officers' claims against the law firm.

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Commercial opinion summary, case decided on April 21, 2009 , LexisNexis #0609-031

In re Armstrong World Indus.

Ruling
Plan did not discriminate against unsecured creditors in favor of asbestos personal injury claimants.
Procedural posture

Debtors, a company and its subsidiaries, filed a fourth amended plan of reorganization, as modified. The sole objection to the plan was asserted by the unsecured creditors'committee ("UCC"), which claimed that the plan unfairly discriminated against the unsecured creditors in favor of the asbestos personal injury claimants. Thus, the UCC argued, the plan did not comply with section 1129(b) of the Bankruptcy Code, 11 U.S.C. § 1129(b).

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opinion summary, case decided on August 14, 2006 , LexisNexis #0906-096