Justices may narrow Bullard by drawing back from the requirement that finality requires a change in the status quo.
The justices recognized the practical effects of the decision they will make on Puerto Rico and precedent that could undermine the governance of territories and Washington, D.C.
Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’
Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.
The Eleventh Circuit had held that coal producers can sell assets and insulate the buyer from liability for paying retirees’ health benefits.
The appeal to the Supreme Court may become moot if the Senate confirms the appointment of the existing members of the Puerto Rico Oversight Board.
‘No objectively reasonable basis’ is the high court standard to find civil contempt for violating the discharge injunction.
For now, the high court ducks an important automatic stay question for chapter 13 debtors.
Supreme Court gets around to overruling Lubrizol almost 35 years later.
In Taggart v. Lorenzen, the justices sounded largely noncommittal, except for the Chief Justice, who seemed in the debtor’s camp favoring a stricter standard for contempt of the discharge injunction.