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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Representations to Your Representation: Pre-Argument Preview of Lamar, Archer & Cofrin LLP v. Appling
"[...]expect more adversary proceedings about what a debtor “obtained” from a creditor and the amount of information the creditor has about the debtor’s financial condition"
Supreme Court Clarifies Power to Claw Back Transfers Made Through Financial Institutions
A Feb. 27, 2018, decision by the U.S. Supreme Court resolved a split in the circuit courts by clarifying that a bankruptcy trustee[...] may claw back preferences and constructive fraudulent transfers.
Tribune Creditors Seek Reconsideration on Implied Preemption by the ‘Safe Harbor’
Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.
Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
3:41Week in Review with Bill Rochelle
ABI's Bill Rochelle discusses two key opinions handed down from both the Supreme Court and the Second Circuit.
39:02Legal Scholars Examine Impact of SCOTUS Ruling in Merit v. FTI
The Supreme Court on Feb. 27 ruled in Merit Management Group, LP v. FTI Consulting, Inc. (16-784) that the only relevant transfer for purposes of the §546(e) safe harbor is the transfer that the trust
Supreme Court Narrowly Interprets the Safe Harbor, Overrules the Majority of Circuits
Intermediate transfers to financial institutions do not trigger the safe harbor.
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.”
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.
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.
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.
Supreme Court Might Grant ‘Cert’ to Resolve a Split on Dischargeability
Solicitor General believes oral misrepresentation of one asset does not result in nondischargeability.
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.
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.
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?"
Circuit Split on Wage Garnishments Underpins a Certiorari Petition
Certiorari petition asks Supreme Court to narrow Local Loan and Barnhill.
Beyond Midland Funding v. Johnson: Calculating Limitations on Proofs of Claims - Part 1