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· 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).

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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.