16th Edition Of Collier On Bankruptcy Released

The just-released first two volumes of Collier on Bankruptcy, 16th Edition include many of the features familiar to Collier subscribers in addition to customer-requested enhancements, such as deeper coverage of circuit splits, fuller circuit representation within citations, and the addition of...

Greg Yates Joins Seyfarth Shaw’s Litigation Department

NEW YORK — Seyfarth Shaw LLP , one of America’s leading full-service law firms , has announced that the Greg Yates has joined the firm’s New York office as a partner in the Bankruptcy Practice Group . Previously, Yates was a partner in the New York and Washington, D.C., offices of Steptoe...

RANDOM BANKRUPTCY FACTOIDS

The Means Test is the standard adopted in the 2005 amendments to the Bankruptcy Code to prevent individual high wage earners from filing a Chapter 7 liquidation. However, if more than half of the individual's debt is related to a failed business, the Means Test may not apply, thus making them eligible...

Professor Kenneth N. Klee Analyzes Supreme Court's Stern v. Marshall Ruling

In this Emerging Issues Analysis, Professor Kenneth N. Klee examines the Supreme Court's decision in Stern v. Marshall , 564 U.S. _____, 131 S. Ct. _____, 2011 U.S. LEXIS 4791 (2011), in which the Court struck down as unconstitutional 28 U.S.C. § 157 (b)(2)(C) because it gave non-Article III...

The Supreme Court's Holding in Stern v. Marshall: Analysis by Professor Kenneth N. Klee

In this Emerging Issues Analysis, Professor Kenneth N. Klee examines the Supreme Court's decision in Stern v. Marshall , 564 U.S. _____, 131 S. Ct. _____, 2011 U.S. LEXIS 4791 (2011), in which the Court struck down as unconstitutional 28 U.S.C. § 157(b)(2)(C) [ an annotated version of this statute...

Parties Debate Rights To Bankruptcy Estate Assets Before Supreme Court

WASHINGTON, D.C. -- (Mealey's) The U.S. Supreme Court on Nov. 29 heard arguments over whether capital gains earned on the sale of a debtor couple's farm should be treated as administrative expenses within the bankruptcy estate or are proceeds to which the U.S. government has priority ( Hall v...

U.S. Supreme Court Hears Arguments In Case Of Debtor's Alleged Defalcation

WASHINGTON, D.C.- (Mealey's) The U.S. Supreme Court on March 18 heard oral arguments in a case involving a bank's claim that a debtor who had acted as trustee for his father's insurance trust acted recklessly and was guilty of defalcation for making loans to himself during the time he had...

U.S. Supreme Court to Rule on Bankruptcy Judges' Power in 'Core' Proceedings

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 24 granted certiorari in a case dealing with the questions of whether Article III of the U.S. Constitution permits the exercise of the judicial power of the United States by bankruptcy courts on the basis of litigant consent and whether...

New Scottish Law Allows a BRO from a BADAS(S)

The new Scottish bankruptcy law which will take effect in April contains some great acronyms, including BADAS and BRO. Unfortunately, the Bankruptcy and Debt Advice (Scotland) Act 2014 ("BADAS") is missing the second "s" which would make it a truly badass law. From my brief review...