· 5/30/2018
Schuster v. Richards
Citations
- 98 N.E.3d 52
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the solvent-debtor exception has existed for “some three centuries of bankruptcy law”
- “[A]brogation of a prior bankruptcy practice generally requires an ‘unmistakably clear’ statement on the part of Congress; any ambiguity will be construed in favor of prior practice.”
- “For some three centuries of bankruptcy law, courts have held that an equitable exception to the usual rules applies in the unusual case of a solvent debtor.”
- “[T]he traditional solvent-debtor exception compels payment of the Make-Whole Amount[.]”
- “[T]he traditional solvent-debtor exception compels payment of the Make-Whole Amount[.]”
- emphasizing “economic reality” over “dictionary definitions or formalistic labels”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.