Gary Ozenne seems to love bankruptcy court. To wit, Mr. Ozenne filed, on his own behalf, seven bankruptcy cases over the course of five years. Mr. Ozenne has three times petitioned the United States Supreme Court, on each occasion seeking bankruptcy-related relief. Unfortunately for Mr.
We’ve previously written on various cases in which parties have sought to save or revive late filed pleadings by arguing those pleadings “relate back” to previously filed documents with varying degrees of success.
“We’re riding down the boulevard,
We’re riding through the dark night,
With half the tank and empty heart,
Pretending we’re in love, when it’s never enough, nah.”
“Some people have a way with words, and other people…oh, uh, not have way.”
“So many years we’ve tried
To keep our love alive
But baby it ain’t over ’til it’s over”
-Lenny Kravitz – “It Ain’t Over ’Til It’s Over”
Interested chapter 11 plan investors, beware. A recent decision by the United States Court of Appeals for the Ninth Circuit held that even after the chapter 11 plan has been confirmed and substantially consummated and your money has been invested, an appeal can go forward even if a victory for the appellants would change the chapter 11 plan terms on which you relied and substantially diminish the value of your investment.
The Ninth Circuit has extended an additional level of protection for company publications that take the form of blogs. In reference to the level of fault required to prove liability for an allegedly defamatory posting, the court explained that it is irrelevant whether a blogger is a member of an institutional press corps or a private entity.