The Supreme Court ruled unanimously in favor of Bank of America in Caulkett v. Bank of America . Basically the Court found itself bound by its previous decision in Dewsnup and didn't think that any of the distinctions presented (by yours truly ... Read full article
With my attention drawn to other matters, my personal blogging has been light for the past month. One of the things that had my attention was the Caulkett case currently pending before the Supreme Court. The issue in Caulkett is whether a wholly ... Read full article
To get ... Read full article
The headline for this post will be mysterious and perhaps slightly salacious in a general newsfeed, but bankruptcy experts will know it means the time is nigh in the 11th Circuit for lien strip-offs. The Supreme Court agreed to hear Bank of America v. ... Read full article
Thanks to Stephen for posting the Bellingham/Arkison/Executive Benefits opinion, which I will for simplicity think of as Stern II , as it's the second installment of what will necessarily be a trilogy of Supreme Court cases on the question. True, ... Read full article
Did Law v. Siegel Sound the Death Knell for the Equity Powers of the Bankruptcy Court? Mark Berman thinks so . ... Read full article
I just read Jennifer Taub's outstanding book Other People's Houses , which is a history of mortgage deregulation and the financial crisis. The book makes a nice compliment to Kathleen Engel and Patricia McCoy's fantastic The Subprime ... Read full article
The U.S. Supreme Court has denied a petition for writ of certiorari in Bank of America v. Sinkfield, an 11th Circuit case raising the issue whether a junior lien wholly unsupported by collateral value can be stripped off in chapter 7. ... Read full article
As I wrestle with the EBIA v. ... Read full article
Banks and insurance companies are apparently gnashing their teeth at the news that the Mt. ... Read full article
Credit Slips contributor John Pottow will be arguing the upcoming EBIA v. Arkison (née Bellingham ) case in the U.S. Supreme Court. As briefly summarized in an earlier post , the question in the case has to do with federal bankruptcy court ... Read full article
The Supreme Court granted cert this morning in two cases of note to Credit Slips readers, one on the CFPB and one on bankruptcy court jurisdiction. First, in NLRB v. Noel Canning , the Court agreed to decide whether the president properly exercised his ... Read full article
In addition to the fair housing case that Alan noted , the Supreme Court also granted cert in a bankruptcy case, Law v. Siegel . ... Read full article
