Bankruptcy Stays Suit Against Officeholder of Corporation Sole
The Bankruptcy Code provides that all pending or potential claims against the debtor are automatically stayed and may not be pursued when the debtor formally files for bankruptcy protection. But the law also provides that cases are not stayed against non-debtors, including the individual officers of a bankrupt organization.
Suspension of membership is not denial of property right
The suspension of membership rights in a voluntary nonprofit association is not a denial of property under the Texas state Constitution, an appellate court in Texas has held. It has dismissed a plaintiff’s claim that his rights had been denied without due process of law.
NY whistleblower law creates private right of action
An employee of a foundation who complained of being fired for reporting alleged fundraising violations has a private right of action under the whistleblower protection provisions of the New York Not-for-Profit Corporation Law, an appellate court in the state has ruled.
Private nonprofit employee is “public servant”
When the defendant in a criminal case in Colorado wanted to get rid of a GPS ankle monitoring device he was wearing as a condition of his pre-trial bond, he presented a falsified court order to an employee of a private nonprofit organization operating the pre-trial program. On the basis of the fake order, the employee removed the ankle bracelet.