Under the Bankruptcy Code, a reorganization plan may be approved if (1) proposed in “good faith” under § 1129(a)(3), and (2) accepted by at least one class of creditors whose interests are impaired by the plan, see 11 U.S.C. § 1129(a)(10). In Village Green I, GP v. Fed. Nat’l Mortgage Assoc., the Sixth Circuit affirmed … Continue Reading
In Ross v. American Red Cross, the Sixth Circuit emphasizes the strong evidence required for spoliation sanctions. During a routine office move, the defendant lost its file on the plaintiff’s injury, but the Court agreed with the district court that sanctions were inappropriate because there was no evidence of bad faith and the loss did … Continue Reading