Equitable standards of excusable neglect: a critical analysis of Pioneer Investment Services Co. v. Brunswick Associates Limited Partnership
Article Abstract:
The U.S. Supreme Court decision in Pioneer Investment Services Co. v. Brunswick Associates L.P. failed to provide an objective standard of 'excusable neglect' for missing a filing deadline under Federal Rule of Bankruptcy Procedure 9006(b)(1). The court instead ruled that an equitable analysis and balancing test should be used, taking into consideration the reasons for the delay and the effect of granting an extension. The decision does not conform to 'plain meaning,' and also ignores the interpretation of other similarly worded rules. The failure to establish an objective standard will most likely contribute to future litigation.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1995
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Future electric utility bankruptcies: are they on the horizon and what can we learn from Public Service Co. of New Hampshire's experience?
Article Abstract:
More electric utilities may enter bankruptcy in the near future, and the case of Public Service Co. of New Hampshire provides courts with lessons from experience. Courts should watch for excessive administrative expenses such as legal fees. Openness to participation from all concerned parties is important to protect the estate. The courts also have jurisdiction to stop state regulation, and to regulate reorganization details besides rates. This jurisdiction overrides the power of state utility commissioners.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1996
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