Sentences with phrase «courts against the trustee»

Further (amongst other findings), the fact that the appellants sought the information in connection with court proceedings then ongoing in the Bahamian courts against the trustee was not a «proper purpose» for making a SAR.

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.

In a suit filed against the SUNY Board of Trustees in Supreme Court in Albany on Thursday, the state Board of Regents and Education Commissioner MaryEllen Elia claimed the new rules would erode teacher quality and hurt disadvantaged students.

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 board of trustees is responding to the contradictory court orders against the national caretaker committee and the dissolved national working committee (NWC) in order not to leave a vacuum occasioned by the said court orders.

Consequently the Supreme Court ordered a cost of Ghc500, 000 against Dominion Trustees which was represented by Mr Pianim, as its investment consultant.

He tried — and failed — to get on to the LIPA Board of Trustees, and a lawsuit against LIPA was later tossed out of court.

Schmidt filed a lawsuit on May 12 in State Supreme Court in Riverhead against civic association president Carol Pesek, her husband, village trustee John Pesek, and civic association officer Felicia Chillak.

Levitin asked the court in December to remove Silberkleit as a trustee of the company, and she responded in April with the allegation of sexual harassment against both Levitin and Archie Comics.

If a policy of insurance has been or shall be effected by any person on his own life or upon the life of another person, the policyowner shall be entitled to any accelerated payments of the death benefit or accelerated payment of a special surrender value permitted under such policy as against the creditors, personal representatives, trustees in bankruptcy and receivers in state and federal courts of the policyowner.

The court will issue an automatic stay against your creditors, then appoint a trustee — an impartial person who decides how and how much debt to pay off.

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.

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.

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.

The court awarded costs personally against the trustee in bankruptcy at scale 4.

The court awarded special costs against the Public Trustee even though it was found that the Public Trustee made the application in good faith.

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.

Because neither party obtained a monetary recovery, the claims against trustee were not dismissed, and plaintiff obtained an equitable judgment against trustee, the case — with respect to routine costs — fell within the catch - all provision of CCP § 1032 (a)(4) which allows the trial court discretion to determine the prevailing party by comparing the relief sought with that obtained, along with the parties» litigation objectives.

bankruptcy law co-counsel to private equity fund in interpleader action against chapter 11 trustee over proceeds of stock warrant; client prevailed in bankruptcy court bench trial and on trial de novo in district court.

Then, based on the true pragmatics of the parties» positions and what occurred in lower court proceedings, the appellate court determined that trustee, not plaintiff, had prevailed: it remained neutral on the contract claims by filing the nonmonetary status declaration (in stark contrast to the trustee in Kachlon v. Markowitz, 168 Cal.App.4 th 316, 350 (2008), which did not remain neutral and only filed the nonmonetary status declaration close to trial), and it defensed the tort claims (under which plaintiff sought to recovery money against trustee).

Its logic may prove to be indicative of harder times blowing in favour of creditors trustees against the family; or an appellate court may find that a decision in the ancillary relief jurisdiction overrides s 339.

The majority of the Court of Appeal therefore confirmed that such obligations of the AER are unenforceable as against the Receiver and Trustee.

Obtained affirmance by the Second Circuit Court of Appeals of the District Court's dismissal of quiet title action against homeowners by a successor trustee claiming that conveyance of property by a predecessor co-trustee was void.

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.

Lawsuits against lawyers, accountants, officers and directors, brokers, trustees and other professionals are filed with increasing frequency in the courts of California.

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 tTrustees 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.

Upon your bankruptcy filing, the court will appoint a bankruptcy trustee who will enter an order for an automatic stay, which essentially stops all collection actions against you during your Chapter 7 bankruptcy case.

Although there may be little point in obtaining lump sum or property adjustment orders against a bankrupt: as his capital assets vest automatically in the trustee in bankruptcy, the family court can make maintenance orders against a bankrupt and those orders, and any maintenance arrears which have accrued, survive the bankruptcy.

Since joining JAMS, Judge Roberts has been appointed as a discovery master by federal and state courts to supervise discovery and review privileged documents in complex commercial, patent, and product liability cases, as an election monitor for unions under court supervision, as a consultant to monitor a four - year consent decree in an EEOC pattern and practice case against a major restaurant chain, and as a trustee for a 36 - story commercial retail and office building on Fifth Avenue

Court appointed litigation counsel to the Litigation Trustee of Cash Store Financial in pursuing nine figure damage claims against Cash Store's professional advisors

Deloitte & Touche Inc. («Deloitte»), the long - acting trustee for the Estate of Bre - X Minerals Ltd., has brought motions in the Alberta and Ontario courts seeking leave to discontinue the class action litigation that it has been prosecuting against, amongst others, former Bre - X principal John Felderhof and his ex-wife Ingrid Felderhof, as well as the Estate of founder and CEO David Walsh.

Quite likely the district court's application of judicial estoppel against the trustee was inappropriate, at least to the extent Gardner's personal injury claims were necessary to satisfy his debts.

[10] This Court has no jurisdiction to suspend the precedential value of Grant Thornton Ltd. v. Alberta Energy Regulator and introduce another legal regime — the one in place before Chief Justice Wittmann released his judgment — for the governance of other bankrupts, receivers and trustees in bankruptcy and secured creditors for a period commencing with the date of pronouncement of any stay order and ending with the date the Supreme Court of Canada either resolves an appeal against this Court's judgment or dismisses the applicants» leave - to - appeal application.

Divided into: i) civil and, ii) criminal divisions and hears appeals: i) from decision in the High Court and County Courts and, ii) against convictions or sentences passed by the Crown Court, (see also Public Trustee Monies held in Court, in the name of the Accountant General, for suitors, minors, Court of Protection patients etc)

Notwithstanding this, the Ontario Court of Appeal held that the award did not mean there was an equitable trust in the proceeds effective against the trustee in bankruptcy.

As part of the court's decision, it considered whether the federal Volunteer Protection Act would absolutely prohibit the parents from bringing a lawsuit against the School's Board of Trustees, based on the allegations made in the complaint.