Supreme Court Ducks Equitable Mootness and Third-Party Releases
The case from the Third Circuit was not a good vehicle for granting certiorari on either issue, even though there is a circuit split on nonconsensual, third-party releases.
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Justices Postpone Argument in Fulton until the Supreme Court’s Next Term
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.
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Supreme Court Explains Sovereign Immunity in Bankruptcy Cases
The Supreme Court uses a copyright case to explain why the bankruptcy exception to states’ sovereign immunity is unique under the Constitution.
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Supreme Court Bans Nunc Pro Tunc Orders
Despite the high court’s ban on nunc pro tunc orders, may bankruptcy courts make their orders retroactive?
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Supreme Court Uses a Bankruptcy Case to Limit the Use of Federal Common Law
High court rules that federal courts may make federal common law only to protect ‘uniquely’ federal interests.
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Supreme Court Rules that ‘Unreservedly’ Denying a Lift-Stay Motion Is Appealable
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.
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Supreme Court Won’t Hear a Case to Compel Paying Puerto Rico Bondholders Currently
Supreme Court let a First Circuit opinion stand that barred bondholders from compelling payment during Puerto Rico’s restructuring under PROMESA.
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Supreme Court Update: No Decision Soon on Extraterritorial Fraudulent Transfers
The Supreme Court wants the government’s opinion about comity and the extraterritorial application of Sections 548 and 550.
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Supreme Court Might Allow FDCPA Suits More than a Year After Occurrence
The ‘fraud-specific discovery rule’ might permit FDCPA suits filed more than one year after the occurrence that gives rise to the claim.
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The Supreme Court May Duck a Case Involving Federal Common Law vs. State Law
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.
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