June 6, 2022
The Supreme Court’s unanimous opinion avoids saying whether the dual system of U.S. Trustees and Bankruptcy Administrators is itself unconstitutional.
May 31, 2022
Cutting back on knee-jerk invocation of arbitration, the Supreme Court says that agreements to arbitrate are no more enforceable than ordinary contracts.
May 4, 2022
The circuits are split on whether an innocent debtor’s liability is automatically nondischargeable when an agent or partner committed fraud.
April 20, 2022
At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.
April 6, 2022
The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.
January 12, 2022
The Supreme Court granted certiorari to decide whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with Bankruptcy Administrators.
December 9, 2021
Government Urges Supreme Court to Review Constitutionality of the 2018 Increase in U.S. Trustee Fees
The U.S. Solicitor General wants the Supreme Court to resolve a circuit split and decide whether the increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with bankruptcy administrators.
October 15, 2021
An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.
August 9, 2021
‘Cert’ petitions presenting two bankruptcy issues worthy of review by the Supreme Court will be considered by the justices at the ‘long conference’ on September 27.
June 29, 2021
Supreme Court narrows Spokeo by holding that violation of a statute won’t always give rise to standing and the right to sue for damages.