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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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’
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Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo
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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
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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
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Beyond Midland Funding v. Johnson: Calculating Limitations on Proofs of Claims - Part 1