Supreme Court

Two Supreme Court Decisions Turn on Statutory Language

10/25/12
In two bankruptcy appeals decided this summer, the Supreme Court faithfully followed congressional intent in one case, while finding that the language used by Congress did not quite do the job in the other.    In RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 132 S.Ct. 2065, 182 L.Ed.2d 967 (2012), the Court put In re Philadelphia Newspapers, LLC, 599 F.3d 298 (3rd Cir.
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Chapter 11 Once Again Safe for Undersecured Lenders - Supreme Court Affirms Right to Credit Bid in RadLax

05/29/12

 

The U.S. Supreme Court today in Radlax Gateway Hotel, LLC, et al. v. Amalgamated Bank unanimously upheld the right of secured creditors to credit bid their debt upon a sale of their collateral pursuant to a nonconsensual chapter 11 plan of reorganization.  As described in numerous prior posts on this site, the ruling resolves a split between circuits and removes a cloud of ambiguity from chapter 11 cases. 

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Supreme Court Indubitably Grapples With Credit Bidding

04/24/12

 

The Supreme Court heard arguments yesterday in RadLAX Gateway Hotel over whether the Bankruptcy Code permits a debtor in a chapter 11 case to sell encumbered assets without providing its secured lenders an opportunity to credit bid their debt. 

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In re Baud - SCOTUS is Looking Carefully at the Committment Period

10/29/11

from Aki Koyama, My Colleagues: It looks like I misinterpreted an email from the staff attorney for the Appellee (the Chapter 13 Trustee) in the In re: Baud matter. The Debtor and Appellant in Baud has filed a Petition for...

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Supreme Court Preview: No Blockbusters Scheduled Yet

10/03/11
Today is the first Tuesday in October which marks the start of the Supreme Court's October Term 2011. So far the Court has granted cert in forty-eight cases, only one of which involves bankruptcy. There are a few interesting petitions pending but no bombshells like last term's Stern v. Marshall.

Cert Granted:

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Supreme Court Preview: No Blockbusters Scheduled Yet

10/03/11
Today is the first Tuesday in October which marks the start of the Supreme Court's October Term 2011. So far the Court has granted cert in forty-eight cases, only one of which involves bankruptcy. There are a few interesting petitions pending but no bombshells like last term's Stern v. Marshall.

Cert Granted:

[more]