Client Wins Hundreds of Thousands of Dollars When Chapter 11 Injunction Overturned on Appeal
Ronald Drescher’s client was accused of illegal activity and was included in a list of names published in a local newspaper. In a later Chapter 11 case involving a company my client had previously worked for, the bankruptcy court confirmed a Chapter 11 plan holding that all of the persons named on that list were enjoined from receiving benefits from the Chapter 11 company. Ronald Drescher objected to the admission of the article on the grounds that it was impermissible hearsay asserted to establish the truth that the client had actually done the things described in the newspaper article. The court overruled Mr. Drescher’s hearsay objection, admitted the list into evidence and confirmed the Chapter 11 plan.
Ronald Drescher appealed to the United States District Court in Delaware. On appeal Mr. Drescher argued that it was legal error for the bankruptcy court to admit the list of names that had been published and that the injunction should be vacated. The district court agreed and overruled the bankruptcy court. As a result the injunction was deleted from the order confirming the Chapter 11 plan. The client of Drescher and Associates now expects to receive hundreds of thousands of dollars in benefits for which he would have previously been denied.
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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
