News Topic: US Supreme Court Cases
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US Supreme Court – “Reasonable Time” Requirement Applies to Rule 60(b) Motions to Vacate Void Judgments
The Discharge Injunction – Violations and Damages
US Supreme Court Deciphers "Defalcation" in Bullock: A Canonical Exercise in "Reading Law" (Scalia/Garner)
US Supreme Court's Decision in Bullock: A Significant Development in Determining "Recklessness" Under Federal Law?
Last week I published a blog post on the US Supreme Court's unanimous decision in ... Read full article
RadLAX Oral Argument - Part II: What's Indubitably Bothering the Supreme Court Justices Equivalently
[4/24 Update: Part I here ] ... Read full article
Bankruptcy Court Has Jurisdiction To Enter Final Judgment On Fraudulent Transfer Claims; Judge Sacca Follows Narrow View Of Stern v. Marshall
In a 28 page opinion, Judge Sacca of the Northern District of Georgia held that Bankruptcy Courts have jurisdiction to enter final orders in some cases involving fraudulent transfer claims. Mitchell v. Banks, Adv. Proc. No. 12-0562, 2013 Bankr. LEXIS 2384 ... Read full article
US Supreme Court Deciphers "Defalcation" in Bullock: A Canonical Exercise in "Reading Law" (Scalia/Garner)
US Supreme Court's Decision in Bullock: A Significant Development in Determining "Recklessness" Under Federal Law?
Last week I published a blog post on the US Supreme Court's unanimous decision in ... Read full article
U.S. Supreme Court Rules On Meaning Of “Defalcation” In Section 523(a)(4) in Bullock v. BankChampaign.
In a case appealed from the Eleventh Circuit Court of Appeals , the United States Supreme Court ruled on a case involving the definition of "defalcation" in 11 U.S.C. § 523(a)(4) . The case, decided yesterday, May 13, 2013, is Randy Bullock v. ... Read full article
U.S. Supreme Court Rules On Meaning Of "Defalcation" In Section 523(a)(4) in Bullock v. BankChampaign.
In a case appealed from the Eleventh Circuit Court of Appeals , the United States Supreme Court ruled on a case involving the definition of "defalcation" in 11 U.S.C. § 523(a)(4) . The case, decided yesterday, May 13, 2013, is Randy Bullock v. ... Read full article
RadLAX Oral Argument - Part II: What's Indubitably Bothering the Supreme Court Justices Equivalently
As I noted three years ago in my " What's Bothering Ruthie ? " post on Justice Ginsburg's one-liner that stopped the Chrysler sale dead in its tracks, today's Supreme Court oral argument in RadLAX Gateway Hotel, LLC v. ... Read full article
A Chicago Bankruptcy Case Lands at the US Supreme Court: The RadLAX Oral Argument - Part I
Chicago bankruptcy professionals descended on the US Supreme Court to catch the final chapter in the RadLAX bankruptcy saga, one that had a remarkably swift journey to the highest court of the land. The case started as the neglected stepchild of ... Read full article
US Supreme Court's Bombshell Opinion in Stern v. Marshall Draws the Line Against Incremental Erosion of Article III Judicial Power
In my last post , I wondered whether the Court's decision in Stern v. ... Read full article
US Supreme Court Bankruptcy Watch: Readying for Stern v. Marshall -- A Bombshell or a Dud?
6/24/11 Update: Here's my blog post providing an early analysis of the Court's decision, entitled US Supreme Court's Bombshell Opinion in Stern v. ... Read full article
US Supreme Court's Bombshell Opinion in Stern v. Marshall Draws the Line Against Incremental Erosion of Article III Judicial Power
In my last post , I posited whether the Court's decision in Stern v. ... Read full article
US Supreme Court Bankruptcy Watch: Readying for Stern v. Marshall -- A Bombshell or a Dud?
Three or four more opinion days before the United States Supreme Court's term closes. Sixteen opinions have yet to be delivered. But if a lifelong, diehard, Bronx-born Yankee fan, Justice Sotomayor (who some say saved baseball), is willing to sport ... Read full article
Milavetz: U.S. Supreme Court To Bankruptcy Lawyers -- You Are Debt Relief Agencies
Milavetz, Gallop & Milavetz, P.A. v. United States , No. 08-1119 (March 9, 2010) ( click here for opinion ). The majority opinion was written by Justice Sotomayor. Justices Scalia and Thomas filed opinions concurring in part in the opinion, and ... Read full article
Justice Scalia Won't "Ransom" His Principles to Grant Justice Kagan a Unanimous First Opinion That Looks to BAPCPA's "Text, Context, and Purpose" to Support a Dubious Result
When reading recent US Supreme Court opinions interpreting BAPCPA, the statute's manifest flaws are the "elephant in the room" (origins of phrase here ), and Justice Kagan's recent opinion for the Court in Ransom v. FIA Card Services , ... Read full article
9th Circuit Declares Anna Nicole Smith's Estate the Big Loser on Preclusion Grounds in Dispute with Pierce's Estate Over Her Right to Money from J. Howard Marshall's Estate
And so, it appears, 19 years of hell for the remaining surviving heirs of J. Howard Marshall II come near an end. Here's the chronology: ... Read full article
