Bankruptcy

Recent Posts

U.S. Supreme Court Remands Bankruptcy Defalcation Case, Says Higher Standard Needed
Posted on 13 May 2013 by James Cordrey

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on May 13 unanimously vacated and remanded a case involving a bank's claim that a debtor who had acted as trustee for his father's insurance trust was guilty of defalcation for making... Read More

A Chicago Bankruptcy Case Lands at the US Supreme Court: The RadLAX Oral Argument - Part I
Posted on 24 Apr 2012 by Steve Jakubowski

Chicago bankruptcy professionals descended on the US Supreme Court to catch the final chapter in the RadLAX bankruptcy saga, one that had a remarkably swift journey to the highest court of the land. The case started as the neglected stepchild of Amalgamated... Read More

Eric English on the Supreme Court Opinion and Dissent in Hall v. United States, 2012 U.S. LEXIS 3781 (May 14, 2012)
Posted on 18 Jun 2012 by LexisNexis Bankruptcy Law Community Staff

In this Emerging Issues Analysis, Collier on Bankruptcy Taxation author Eric English analyzes the Supreme Court majority opinion and dissent in Hall v United States , 182 L. Ed. 2d 840, 2012 U.S. LEXIS 3781 (May 14, 2012), in which the Court held that... Read More

Professor Kenneth N. Klee Previews the Supreme Court's Decision in Bullock v. BankChampaign, N.A and the Meaning of "Defalcation" in 11 U.S.C. § 523(a)(4)
Posted on 29 Jan 2013 by Kenneth Klee

Professor Kenneth Klee previews the issues that the Supreme Court will address in Bullock v. BankChampaign, N.A. The Court will settle a circuit split concerning the meaning of the word "defalcation" in Bankruptcy Code § 523(a)(4). In Bullock... Read More

U.S. Supreme Court Addresses Authority of Federal Bankruptcy Courts to Enter Final Orders and Judgments
Posted on 28 May 2015 by Duane Morris LLP

The Wellness majority opinion is noteworthy for a number of reasons. As a practical matter, it permits this aspect of bankruptcy court practice—proceeding to final judgment in non-core matters on consent as being valid and constitutionally permissible—to... Read More

Supreme Court to Decide If Bankruptcy Lawyers Can Get Fees For Pursuing Bonus Fees
Posted on 3 Oct 2014 by Emerson Heffner

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 2 agreed to decide whether the U.S. Bankruptcy Code gives bankruptcy courts discretion to award lawyers their fees for successfully defending applications for enhanced attorney fees... Read More

US Supreme Court's Decision in Bullock: A Significant Development in Determining "Recklessness" Under Federal Law?
Posted on 4 Jun 2013 by LexisNexis Communities Staff

Last week I published a blog post on the US Supreme Court's unanimous decision in Bullock v. BankChampaign, N.A. , No. 11-1518 (May 13, 2013) ( pdf ) [ an enhanced version of this opinion is available to lexis.com subscribers ], that focused on... Read More

Supreme Court Says Denial of Confirmation Not Automatically Appealable
Posted on 8 May 2015 by Stephen Sather

In a surprisingly casual opinion, the Supreme Court, led by Chief Justice Roberts, has ruled that denial of confirmation of a chapter 13 plan does not give rise to a final order which can be appealed as a matter of right. Bullard v. Blue Hills Bank ,... Read More

U.S. Supreme Court to Rule on Bankruptcy Judges’ Power in ‘Core’ Proceedings
Posted on 24 Jun 2013 by James Cordrey

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... Read More

Supreme Court to Hear Dispute Over Fees for Defending Fee Application
Posted on 29 Oct 2014 by Stephen Sather

The Supreme Court doesn't take many cases on bankruptcy issues. It has only ruled on attorney's fees in bankruptcy once since the Code was adopted and that ruling was on the narrow issue of whether a chapter 7 debtor's attorney could recover... Read More

NCBJ 2014: Ethics and Supreme Debate
Posted on 15 Oct 2014 by Stephen Sather

Saturday concluded NCBJ with ethics and the Supreme Court review. (There was also a program on scientific studies of mindfulness which I missed). Wait, Wait, Don’t Tell Me! An Ethics Game Show: Retired Judge James H. Haines as Peter Segal, Christine... Read More

The U.S. Supreme Court cites to Collier on Bankruptcy® in Hamilton v. Lanning
Posted on 21 Jun 2010 by LexisNexis Bankruptcy Law Community Staff

In Hamilton v. Lanning, 2010 LEXIS 4568 (June 7, 2010), a Chapter 13 consumer bankruptcy case, Justice Alito cited Collier multiple times regarding the discretion courts have to account for changes in the debtor's income: NOTE: The links below... Read More

Supreme Court Will Not Hear Bankruptcy Case Dealing with ‘New Value’ Defense
Posted on 7 Oct 2013 by James Cordrey

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 7 refused to hear a case in which a Chapter 7 trustee argued that a bankruptcy estate should be permitted to recover more than $1.37 million that an insurance company received from... Read More

U.S. Supreme Court Will Not Hear Bankruptcy Lien Case Brought by Bank of America
Posted on 31 Mar 2014 by James Cordrey

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today said it would not hear a case in which Bank of America had argued that the high court needed to resolve a split at the federal appellate level dealing with whether a Chapter 7 debtor... Read More

Ponzi Scheme Victims and SLUSA: The Supreme Court to Decide What Claims Can Proceed
Posted on 6 Feb 2013 by Kathy Bazoian Phelps

Defrauded investors in a Ponzi scheme have a few choices when the scheme goes bust. They can wait for a distribution from the insolvency proceeding, or they can take matters into their own hands and form a class to sue third parties for their damages... Read More