News Topic: Supreme Court Cases

Anna Gelpern, Stephen Lubben and I have an article in The American Prospect entitled The Debt Limit Is Unconstitutional—but Not for the Reason You Think . ... Read full article

[by Dalié Jiménez and Jonathan Glater ] ... Read full article

I have posted a short draft article about mass tort bankruptcy . If you would like to send me comments on the draft, that would be lovely, but please keep two caveats in mind. First, I must submit the revisions by February 9. Second, the article must not ... Read full article

A long-in-process draft article has just become available to be downloaded and read here . Comments remain welcome.  The Weinstein Company bankruptcy features prominently in this draft article.  ... Read full article

The Deal has a new podcast ... Read full article

The Supreme Court's decision in Collins v. Yellen has garnered a fair amount of attention because it resulted in a change in the leadership at the Federal Housing Finance Agency and largely dashed the hopes of Fannie and Freddie preferred ... Read full article

Yesterday, the SCOTUS granted certiorari in City of Chicago v. Fulton, 19-357 , to resolve a circuit split about whether a creditor's inaction in not returning property repossessed pre-petition can violate the automatic stay. The split arises ... Read full article

In February 2019, the United States Court of Appeals for First Circuit held that the selection process of the Oversight Board in PROMESA, the rather bipartisan Puerto Rico debt restructuring law (and more), is unconstitutional. The reason: its members ... Read full article

On the heels of oral arguments in the latest Supreme Court case concerning application of the Fair Debt Collection Practices Act to lawyers, ... Read full article

I just posted to the Social Science Research Network my response -- Jevic 's Promise: Procedural Justice in Chapter 11 -- to Jonathan Lipson's recent article about Czyzewski v. Jevic Holding Corp. and structured dismissals. ... Read full article

I've got an op-ed in The Hill that calls for an expansion of the Supreme Court as a way to depoliticize it.  And to be clear, I'm not calling for Court-packing by Dems.  That would only require adding a couple of seats.  I'm calling for a ... Read full article

The Supreme Court granted cert today in the bankruptcy case of  Mission Product Holdings v. Tempnology, LLC . It sounds like another one of those cases only bankruptcy nerds can love, but it has potentially broad implications. On its face, it is about ... Read full article

In a prior Credit Slips post , I shared a paper, Corporate Bankruptcy Hybridity , positing that bankruptcy should be conceptualized as a public-private partnership. ... Read full article

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In June 2018, the U.S. Supreme Court decided Sveen v. Melin , a case applying Contracts Clause* jurisprudence to a state revocation-on-divorce statute and preexisting insurance contract. It isn't like the Supreme Court hears a Contracts Clause case ... Read full article

It seems fairly clear that, if Trump's latest nominee to the Supreme Court, Brett Kavanaugh, is sworn in, the Court's trend of resolving virtually all statutory disputes on the basis of "plain meaning" will be cemented in place. ... Read full article

Millions of American workers are parties to arbitration agreements that require them to bring claims against their employers in individualized arbitration proceedings (rather than as part of a class or collective action, as authorized by some federal and ... Read full article

If you're challenging a Seventh Circuit ruling in a bankruptcy case on appeal to the Supreme Court, especially if (retired) Judge Posner was in the majority, you've got a challenge ahead. The Court's announcement this morning of its ... Read full article