In Re Palau Corporation, Debtor. National Labor Relations Board v. Edward M. Walsh, Trustee for Palau Corporation, Debtor

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “a presumption of prejudice arises from a 19 plaintiff’s unexplained failure to prosecute,” but finding that the plaintiff provided a non-frivolous 20 explanation for his lack of diligence
• “where the employee does not work during the postpetition period, there is no postpetition benefit to the estate and no postpetition conduct to justify the allowance of back pay as an administrative expense”
• “Brown is inapposite, involving post-petition tort-like conduct resulting in damages,” while in the instant case the court was presented with the debtor’s conduct “resulting in an imposition of wages ‘constructively earned’ by a non-working former employee”

Source: CourtListener parenthetical corpus (CC0).