Skip to main content

U.S. Supreme Court

Howard Delivery Serv. v. Zurich Am. Ins. Co.

Jun
15
2006
Ruling
Court deemed that unpaid workers'compensation insurance premiums were not entitled to priority status under section 507(a)(5) because such premiums were classified more as liability insurance premiums than as employee benefit plan contributions.
Procedural posture

Petitioner employer filed a chapter 11 bankruptcy petition. Respondent insurer filed an unsecured creditor's claim, seeking priority status under 11 U.S.C. § 507(a)(5) for unpaid workers'compensation premiums. The bankruptcy court denied priority status to the insurer's claim, and the district court affirmed. The Fourth Circuit reversed. Certiorari was granted.

ABI Membership is required to access the full summary of Howard Delivery Serv. v. Zurich Am. Ins. Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 15, 2006 , LexisNexis #0606-084
LexisNexis Article
Learn More

Central Va. Cmty. College v. Katz

Jan
23
2006
Ruling
Supreme Court affirmed a denial of state institutions of higher education's motion to dismiss an alleged preferential transfers proceeding since Congress pursuant to the Bankruptcy Clause had determined that states were amenable to such proceedings and thus could not use sovereign immunity to bar such proceedings.
Procedural posture

Respondent liquidating supervisor of a bankrupt estate commenced 11 U.S.C. §§ 547(b) and 550(a) proceedings to avoid and recover alleged preferential transfers to petitioner state institutions of higher education. The court of appeals affirmed a denial of a motion to dismiss. Certiorari was granted on the question whether the attempt to abrogate state sovereign immunity in 11 U.S.C. § 106(a) was valid.

ABI Membership is required to access the full summary of Central Va. Cmty. College v. Katz Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on January 23, 2006 , LexisNexis #0206-002
LexisNexis Article
Learn More
Subscribe to %1