Supreme Court

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:

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Anna Nicole Smith will live forever in stunning new Supreme Court decision in Stern v. Marshall!

06/24/11

The Supreme Court issued a second opinion arising from the seemingly endless litigation over claims against the estate of the late Pierce Marshall (Anna Nicole’s elderly husband of one year before his death).  In this 5-4 split opinion released yesterday (June 23, 2011), the Supreme Court significantly limited the scope of Bankruptcy Courts’ jurisdiction to [...]

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Supreme Court Rules That Debtor Must Have Loan or Lease Payment for Means Test Deduction

01/11/11

In an 8-1 decision authored by Justice Kagan, the Supreme Court ruled today that an ownership expense is not "applicable" under the Means Test unless the Debtor has an actual payment. Ransom v. FIA Card Services, No. 09-907 (1/11/11). You can read the opinion here.

Justice Kagan framed the issue in this manner:

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Supreme Court Grapples With the Meaning of the Means Test

12/16/10
The first case argued before the Supreme Court this term was No. 09-907, Ransom v. FIA Card Services, N.A. You can find the transcript of the oral argument here. This case raises the issue of whether Courts should give the means test a literal interpretation or follow a more functional approach.
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