Supreme Court

In-depth analysis of significant bankruptcy-related Supreme Court decisions

  • Circuit Split: Is a Deposit into a Debtor’s Bank Account a “Transfer” Under § 101(54)?

    Circuit Split: Is a Deposit into a Debtor’s Bank Account a “Transfer” Under § 101(54)?

    [...]Is a deposit or wire transfer into a debtor’s bank account a “transfer” within the meaning of § 101(54)? The legislative history behind § 101(54) suggests that the answer is “Yes.”

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  • Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term

    Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term

    High court to decide whether a false oral statement about one asset results in nondischargeability.

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  • If Jevic Is Your Problem, Litigation Finance Might Be Your Solution

    If Jevic Is Your Problem, Litigation Finance Might Be Your Solution

    In Jevic, SCOTUS ruled that the distribution scheme in a dismissal order must follow the absolute priority rule. Litigation finance can help when there are insufficient assets to satisfy creditors.

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  • Eye on Bankruptcy Streaming Series

    Eye on Bankruptcy Streaming Series

    Complimentary ~ January 25 @ 1 PM ET

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  • Would Free-and-Clear Jurisprudence Hold Up Before the Supreme Court?

    Would Free-and-Clear Jurisprudence Hold Up Before the Supreme Court?

    The Supreme Court's trend of strictly reading statutory text suggests that it may find that well-accepted practices that advance functional policy objectives might be unsupportable by the Code's text.

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  • Supreme Court Might Grant ‘Cert’ to Resolve a Split on Dischargeability

    Supreme Court Might Grant ‘Cert’ to Resolve a Split on Dischargeability

    Solicitor General believes oral misrepresentation of one asset does not result in nondischargeability.

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  • Supreme Court Primed to Hold Safe Harbor Inapplicable if Bank Is a ‘Mere Conduit’

    Supreme Court Primed to Hold Safe Harbor Inapplicable if Bank Is a ‘Mere Conduit’

    Justices search for a ruling that limits Section 546(e) but isn’t too broad.

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  • ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement

    ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement

    Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.

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  • Supreme Court Won’t Settle Circuit Split on Transfer to a Debtor’s Own Account

    Supreme Court Won’t Settle Circuit Split on Transfer to a Debtor’s Own Account

    Fourth Circuit splits with the Ninth and Tenth on "what is a transfer?"

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  • Circuit Split on Wage Garnishments Underpins a Certiorari Petition

    Circuit Split on Wage Garnishments Underpins a Certiorari Petition

    Certiorari petition asks Supreme Court to narrow Local Loan and Barnhill.

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  • Life After Jevic: An End to Priority-Skipping Distributions?

    Life After Jevic: An End to Priority-Skipping Distributions?

    A number of recent bankruptcy court decisions have begun to extend the reach of the Supreme Court's decision in Czyzewski v. Jevic Holding Corp. How? Two bankruptcy experts explain.

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  • Beyond Midland Funding v. Johnson: Calculating Limitations on Proofs of Claims - Part 1

    Beyond Midland Funding v. Johnson: Calculating Limitations on Proofs of Claims - Part 1

    The U.S. Supreme Court recently weighed in on whether the filing of a proof of claim could give rise to a violation of the Fair Debt Collection Practices Act (FDCPA).

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  • Beyond Midland Funding v. Johnson: Calculating Limitations on Proofs of Claims – Part 2

    Beyond Midland Funding v. Johnson: Calculating Limitations on Proofs of Claims – Part 2

    Although proofs of claim can be superficially reviewed using formulaic rules to help isolate claims that are potentially subject to a limitations defense, a nuanced understanding of the issues identif

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  • The Supreme Court Sets the Limits of Fee-Shifting for Bad Faith Conduct in Goodyear Tire & Rubber Co. v. Haeger

    The Supreme Court Sets the Limits of Fee-Shifting for Bad Faith Conduct in Goodyear Tire & Rubber Co. v. Haeger

    Supreme Court ruling stipulates that sanctions are limited to only compensatory damages that are casually connected to misconduct after Goodyear withholds information from test results.

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  • Spokeo Heading for an Encore in the Supreme Court

    Spokeo Heading for an Encore in the Supreme Court

    Another Spokeo opinion from the Supreme Court may trim back federal consumer protection laws.

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  • Supreme Court Will Not Resolve Circuit Split on Recharacterization

    Supreme Court Will Not Resolve Circuit Split on Recharacterization

    A settlement prompts the high court to ditch a case deciding whether state or federal law governs recharacterization.

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  • Recap of Oral Argument in Midland Funding v. Johnson15:22

    Recap of Oral Argument in Midland Funding v. Johnson

    ABI editor-at-large Bill Rochelle and Resident Scholar Prof. Drew Dawson discuss the issues that were raised at the Supreme Court oral argument of Midland Funding v. Johnson.

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  • Analysis of SCOTUS Decision - Midland v. Johnson43:20

    Analysis of SCOTUS Decision - Midland v. Johnson

    An analysis of the Supreme Court decision Midland v. Johnson.

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  • Media Webinar to Discuss Supreme Court’s Ruling in Czyzewski v. Jevic Holding Corp. 52:56

    Media Webinar to Discuss Supreme Court’s Ruling in Czyzewski v. Jevic Holding Corp.

    An in-depth discussion of the Supreme Court's Jevic decision with participants in the case.

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  • Supreme Court Recap: Oral Argument in Czyzewski v. Jevic Holding Corp.9:01

    Supreme Court Recap: Oral Argument in Czyzewski v. Jevic Holding Corp.

    ABI Editor Bill Rochelle recaps the oral argument from Jevic, one of the most significant cases involving chapter 11 in recent years.

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