Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Litigation
Acquiescence to Bankruptcy Plan Extinguished Support Claimant's Rights
The U.S. District Court for the Southern District of New York has held that a woman who accepted the discharge of her ex-husband's debts to her in a bankruptcy proceeding is bound by that acceptance, even though she argued that the debt was non-dischargeable in bankruptcy because it was a support obligation. Penberthy v. Chickering, 2017 U.S. Dist. LEXIS 6153 (S.D.N.Y. 1/13/17).
Beverly Penberthy and Donn A. Chickering entered into a Stipulation of Settlement in conjunction with their divorce proceedings on Feb. 2, 1994, providing that:
- Chickering would immediately pay $1 million to Penberthy, which the document termed a “distributive award”;
- Penberthy would take sole ownership of the marital residence in Rye, NY, along with two vehicles;
- Chickering would cover the costs of Penberthy's medical care for three years by maintaining insurance for her and paying any medical costs not covered by it, unless Penberthy received free insurance from her employer; and
- Chickering would pay Penberthy “as and for her support and maintenance,” $83,333 per month for a six-year term, which payments would total $6 million.
The settlement agreement was incorporated in the Judgment of Divorce, which was finalized on July 25, 1994.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?