LexisNexis® Legal Newsroom
Stephen Sather
Fifth Circuit Narrows Fraud Dischargeability Claims

Rejecting a Seventh Circuit precedent, the Fifth Circuit has ruled that a non-dischargeability claim under section 523(a)(2)(A) must be based upon a false representation. While bad conduct that does not involve a misrepresentation may be actionable under...

Duane Morris LLP
U.S. Supreme Court Addresses Authority of Federal Bankruptcy Courts to Enter Final Orders and Judgments

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...

Stephen Sather
Wellness Case Brings Healing for Bankruptcy Court Authority

Resolving an issue left open by two prior decisions, the Supreme Court ruled that the right to entry of a final judgment by an Article III court, like the right to trial by jury, is a personal right which can be waived or consented away (subject to supervision...

Kenneth Klee
Professor Kenneth N. Klee on the Supreme Court's Holding in Harris v. Viegelahn

Professor Kenneth N. Klee analyzes the May 18, 2015, ruling in Harris v. Viegelahn, 2015 U.S. LEXIS 3203 [ an enhanced version of this opinion is available to lexis.com subscribers ], in which the Supreme Court unanimously held that when a chapter 13...

Kenneth Klee
Professor Kenneth N. Klee on the Supreme Court's Holding in Bullard v. Blue Hills Bank

Professor Kenneth N. Klee analyzes the May 4, 2015, ruling in Bullard v. Blue Hills Bank, in which the Supreme Court settled a circuit split and held that an order denying confirmation of a chapter 13 plan is not an immediately appealable "final"...

Stephen Sather
Supreme Court Rules Debtor Entitled to Funds Remaining Upon Conversion of Chapter 13 Case

Acknowledging that the statutory language "does not say expressly" what should happen, the Supreme Court nevertheless ruled that undistributed funds held by the Chapter 13 trustee should be returned to the debtor following a conversion. The...