April 21, 2020
Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.
March 25, 2020
The Supreme Court uses a copyright case to explain why the bankruptcy exception to states’ sovereign immunity is unique under the Constitution.
February 26, 2020
Despite the high court’s ban on nunc pro tunc orders, may bankruptcy courts make their orders retroactive?
February 25, 2020
High court rules that federal courts may make federal common law only to protect ‘uniquely’ federal interests.
January 14, 2020
Building on Bullard, the Supreme Court rules unanimously that a lift-stay motion is a “procedural unit” that’s appealable if the bankruptcy court “conclusively” denies the motion.
January 13, 2020
Supreme Court let a First Circuit opinion stand that barred bondholders from compelling payment during Puerto Rico’s restructuring under PROMESA.
December 13, 2019
The Supreme Court wants the government’s opinion about comity and the extraterritorial application of Sections 548 and 550.
December 10, 2019
The ‘fraud-specific discovery rule’ might permit FDCPA suits filed more than one year after the occurrence that gives rise to the claim.
December 5, 2019
At oral argument, the justices seemed to recognize that Rodriguez v. FDIC does not raise the question of whether the lower courts relied on federal common law in deciding the ownership of a tax refund.
November 18, 2019
Justices may narrow Bullard by drawing back from the requirement that finality requires a change in the status quo.