Representation of a trust beneficiary in an action
against trustees for self - dealing and breach of trust.
Not exact matches
Judge Brendan Shannon of the U.S. Bankruptcy Court in Wilmington, Del., indicated he would sign off on the plan, subject to changes, despite attorneys
for the U.S.
trustee and Securities and Exchange Commission arguing
against the broad protections offered to third parties that could shield them from future litigation.
On March 27, 2014, JPMC and the bankruptcy
trustee for Peregrine Financial Group, Inc. agreed to a $ 15 million settlement of claims
against JPMC alleging JPMC allowed fraud to occur at Peregrine, which was bankrupted after its founder looted hundreds of millions of dollars from customer accounts.
The full exercise of this right requires that
trustees and administrators protect teachers and students
against pressures from outside in favor of certain methods and conclusions of inquiry, and that support
for teaching and research be kept as free as possible from exerting a controlling influence on academic pursuits.
For more than a year the board of
trustees considered the arguments
against the proposal: Football is too expensive; football players, who are unruly and dumb, will tarnish the school's reputation; and, finally, Hartwick has soccer, it doesn't need football.
Village President Michael Schroeder is running
for re-election April 20
against Trustees Arlene Mulder and Julia Walsh and resident Rick Gellert.
Trustee Dwight Walton, who voted
against the nature sanctuary proposal, said that after hearing complaints about the additional traffic and noise problems that would face the Lake Arlington neighborhood, he could not vote
for the plan.
New Board, Accountability and Oversight Measures Restore Public Faith and Trust in Library's Management QUEENS, NY — Judge Frederic Block of the United States District Court
for the Eastern District of New York dismissed the lawsuit filed by the six former
Trustees of the Queens Library Board
against Borough President Melinda Katz (Arrington et al -LSB-...]
The
trustees also authorized the district's lawyers to take legal action
against any parties involved in any election fraud and agreed to ask the education commissioner to order a new vote
for the two board seats.
Among those nominated: Freeport
trustee Debra Mule
for the 5th District seat being vacated by Curran; Eileen Napolitano
for the 13th District seat being vacated by retiring presiding officer Norma Gonsalves (R - East Meadow), and Joshua Lafazan, who in 2012 won a spot on the Syosset Board of Education at age 18,
against incumbent Legis.
The Southern Tier town of Dryden is defending its right to home rule
against lawyers representing the bankruptcy
trustee for Norse Energy.
During a drunken driving trial
against a former Bronx prosecutor, the Bronx
trustee for the Patrolmen's Benevolent Association, Joe Anthony, was heard on wiretaps talking about fixing tickets, or as officers are now calling it, «professional courtesy.»
BY MICHAEL RICONDA Suffern — Normally, hockey injuries occur on the ice, but according to a lawsuit from Suffern village
trustee and 2013 mayoral candidate Trish Abato, a longstanding fan tradition at sporting events was enough to inflict injuries
for which she filed suit
against various parties, including charitable ones.
Whenever any civil action has been brought
against any officer of the Florida College System institution board of
trustees, including a board member, or any person employed by or agent of the Florida College System institution board of
trustees, of any Florida College System institution
for any act or omission arising out of and in the course of the performance of his or her duties and responsibilities, the Florida College System institution board of
trustees may defray all costs of defending such action, including reasonable attorney's fees and expenses together with costs of appeal, if any, and may save harmless and protect such person from any financial loss resulting therefrom; and the Florida College System institution board of
trustees may be self - insured, to enter into risk management programs, or to purchase insurance
for whatever coverage it may choose, or to have any combination thereof, to cover all such losses and expenses.
If the debtor fails to appear and provide the information requested, the
trustee or U.S. Trustee's representative may request that the case be dismissed, or may seek other relief against the debtor for failure to coo
trustee or U.S.
Trustee's representative may request that the case be dismissed, or may seek other relief against the debtor for failure to coo
Trustee's representative may request that the case be dismissed, or may seek other relief
against the debtor
for failure to cooperate.
(1) Before executing a contract or agreement with or receiving money or other valuable consideration from a buyer, a credit services organization shall provide the buyer with a written statement containing: (a) A complete and detailed description of the services to be performed by the credit services organization
for the buyer and the total cost of the services; (b) A statement explaining the buyer's right to proceed
against the surety bond or surety account required by section 45 - 805; (c) The name and address of the surety company that issued the bond or the name and address of the depository and the
trustee and the account number of the surety account; (d) A complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer reporting agency as provided by the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.; (e) A statement that the buyer's file is available
for review at no charge on request made to the consumer reporting agency within thirty days after the date of receipt of notice that credit has been denied and that the buyer's file is available
for a minimal charge at any other time; (f) A complete and accurate statement of the buyer's right to dispute directly with the consumer reporting agency the completeness or accuracy of any item contained in a file on the buyer maintained by the consumer reporting agency; (g) A statement that accurate information can not be permanently removed from the files of a consumer reporting agency; (h) A complete and accurate statement of when consumer information becomes obsolete and of when consumer reporting agencies are prevented from issuing reports containing obsolete information; and (i) A complete and accurate statement of the availability of nonprofit credit counseling services.
The best thing about a Chapter 13 is that it helps avoid filing
for Chapter 7 bankruptcy.By extending the length of time you will take to pay off your debts, your monthly payments will be smaller making it easier
for you to get out of debt.Chapter 13 also offers the convenience of consolidation because you only make one monthly payment to the
trustee who will deal with all your creditors
for you.Once you have filed the petition, the creditors are no longer allowed to take any action
against you in order to collect their payments.
Bankruptcy Alternatives Information Blog Frequently Asked Questions Fix Debts On Your Own Debt Consolidation Credit Counseling Chapter 13 Wage Earner Plan Consumer Proposals Personal Bankruptcy Licensed Bankruptcy
Trustees Bankruptcy Alternatives Help Debt consolidation Debt Consolidation Resources and Information Debt Consolidation and Other Resources
for residents of the United Kingdom and Australia Get a mortgage to pay off your debts Three ways to borrow
against your house as a bankruptcy alternative Is credit counseling really an alternative to bankruptcy?
A person claiming
against the bond or surety account
for a violation of this chapter may maintain an action at law
against the credit services organization and
against the surety or
trustee.
If you are considering making a complaint
against your
trustee, contact us
for advice.
In order
for your proposal to be accepted, your
trustee must not receive a majority of the votes cast
against your offer.
The dividend income on its investments grew commensurately, and the 5 percent charge
against income was soon producing far too much money
for the fund's
trustees to accept.
i have a judgement
against me
for legal fees in a divorce case
for 60,000
for my wifes attorney, i just recieved a letter demanding three watches i own, if i declare bancrupcy do i have to comply with his order or can i give it to my attorney to turn the watches over to a
trustee for other debts i owe?
The debtor will supply the
trustee with a list of all legal actions
against them (whether pending, started, or completed) and the parties involved are given notice that a filing
for a proposal or a bankruptcy has been made and that the stay is in place.
In the event that a claim
for indemnification
against such liabilities (other than the payment by the registrant of expenses incurred or paid by a
trustee, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such
trustee, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is
against public policy as expressed in such Act and will be governed by the final adjudication of such issue.
In the event that a claim
for indemnification
against such liabilities (other than the payment by Registrant of expenses incurred or paid by a
trustee, officer or controlling person of Registrant in the successful defense of any action, suit or proceeding) is asserted by such
trustee, officer or controlling person in connection with the securities being registered, Registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is
against public policy as expressed in the 1933 Act and will be governed by the final adjudication of such issue.
You agree that in return
for such a payment or benefit, you assign absolutely to those
Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim
against us, the travel agent or your credit card issuer where applicable.
Furious at the response of the director of Artists Space to the National Endowment
for the Arts» rescinding of funding
for Witnesses:
Against Our Vanishing, the artist David Wojnarowicz wrote this scathing critique of the space and the decisions of its director and board of
trustees.
Trustee Jeff Gural — who was
against the tuition decision and recently gave a million dollar donation to support Cooper Union's free art program
for high school students — said as much when he came to visit the student occupiers at Bharucha's office.
Slightly more than a year after the Cooper Union
for the Advancement of Science and Art announced its plan to charge tuition, a group of professors, admitted students and alumni filed a lawsuit in New York State Supreme Court on Tuesday
against the school's board of
trustees.
Another was a debate between Adrian Stott, a
trustee of the Optimum Population Trust, a British group pushing
for greatly expanded efforts to promote family planning worldwide, and Brendan O'Neill, an editor of Spiked, a British online publication devoted to «raising the horizons of humanity by waging a culture war of words
against misanthropy, priggishness, prejudice, luddism, illiberalism and irrationalism.»
Compare that to the recent example from Ohio State, where a doctoral degree was revoked by the Board of
Trustees for plagiarism of the same magnitude as that alleged
against Wegman, including removal of the dissertation from libraries and return of the diploma.
The Orphan Well Association and Alberta Energy Regulator will face off
against bankruptcy
trustee Grant Thornton in court on Thursday, asking the high court to decide on the sale of a bankrupt company's oil and gas properties, and the costs of remediation
for orphan wells.
In Turner v. Andrews, the Court of Appeal upheld the dismissal of an application
for prospective costs brought by approximately 189 members out of some 14,000 to 15,000 employees
against the
trustees of their pension plan.
But issues you might describe as «fault» can be relevant to things like when the limitation period starts to run
for trustees» claims
against members, such as in the Webber case, where it was important to establish when the scheme could, with reasonable diligence, have discovered the mistake.
Under s. 38 (3) of the
Trustee Act, an action
against an executor or administrator of an estate
for a wrong committed by a deceased person must be brought within two years of the date of death.
There is recent authority that common law claims
for unjust enrichment by
trustees against members are quasi-contractual in nature, such that a six year limitation period would apply.
The courts have become far less hesitant to award personal costs
against executors, solicitors,
trustees in bankruptcy, and the Public Guardian,
for conduct which the court finds is inappropriate.
The new
trustees now faced a classic dilemma; at the point where funds available were lowest, they had to decide whether to proceed with a case
against the original
trustees with all the inherent risks that entailed in terms of adverse costs if they lost or, not take action but risk a future claim by the trust's beneficiaries
for failing to carry out their duties in properly preserving the trust's assets.
Trustees can not assert legal professional privilege
against the beneficiaries where the legal advice was paid
for out of trust funds.
TTG Pension
Trustees v Board of the Pension Protection Fund (Ch Div, 2014)[2014] EWHC 174 (Ch) John acted for the pension trustees in an appeal against a decision of
Trustees v Board of the Pension Protection Fund (Ch Div, 2014)[2014] EWHC 174 (Ch) John acted
for the pension
trustees in an appeal against a decision of
trustees in an appeal
against a decision of the PPF.
(3) A beneficiary may enforce
for the beneficiary's own benefit, and a
trustee appointed under section 315 may enforce as
trustee, the payment of insurance money payable to him, her or it, but the insurer may set up any defence that it could have set up
against the insured or the insured's personal representative.
Subsection 38 (2) of the
Trustee At preserves tort actions
against deceased persons, except
for libel and slander.
On 13 April 2006, the
trustees in bankruptcy (the
trustees) applied to the court
for a declaration that the transfer of Mr H's interest in the former matrimonial home was a transaction at an undervalue under the Insolvency Act 1986 (IA 1986), s 339 and as such was void
against the
trustees.
In RFF, the Court ruled that an «exception to the exception» applied, since the «legal advice [was being] procured «at the
trustee's own expense and
for his own protection,» given that the «
trustee is defending himself
against the threat of litigation brought by the beneficiary.»
As co-counsel tried federal court antitrust case
against Exxon in 1992 on behalf of the City of Long Beach as
trustee for the State of California.
Successfully defended Professional
Trustee against Petition by beneficiary
for surcharges of hundreds of thousands of dollars
for alleged malfeasance.
Trustees and their advisers will need to give careful thought to the potential costs implications of putting issues before the court for determination, particularly where those issues arise against a background of disagreement between beneficiaries and the t
Trustees and their advisers will need to give careful thought to the potential costs implications of putting issues before the court
for determination, particularly where those issues arise
against a background of disagreement between beneficiaries and the
trusteestrustees.
Successfully represented an ESOP
trustee against claims
for benefits and accompanying allegations of fiduciary breach.
Andrew acts
for and
against trustees and executors and has particular experience of claims involving allegations of breach of trust and challenges to
trustees» exercise of discretionary powers, approval of
trustees» resolutions and the appointment and removal of
trustees.