· 8/18/2009
Harianto v. Holder
Citations
- 342 F. App'x 680
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that implying consent to a third-party release based on inaction “is simply not realistic or fair, and would stretch the meaning of ‘consent’ beyond the breaking point.”
- noting that “circumstances may justify a different approach in different cases.”
- collecting cases and finding that a vote in favor of the plan was consent to the release in the plan absent evidence of coercion
- “As to creditors who might vote to reject the Plan: the Court noted that it was difficult to understand why any other action should be required to show that the creditor also objected to the proposed third party releases.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Calabresi, Newman, Winter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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