Despite several errors about the safe harbor, the government recommends that the Supreme Court deny certiorari in Tribune.
Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
Compassion and intellect mark the bankruptcy opinions and dissents by the late Justice Ruth Bader Ginsburg.
The Supreme Court declined to decide whether the automatic stay terminates automatically after a repeat filing as to all property or only property of the debtor.
The denial of ‘cert’ aids the Madoff trustee’s quest to recover 100% of defrauded customers’ cash losses.
The Supreme Court reversed the First Circuit, which had held that the Oversight Board violated the Appointments Clause because the members were not appointed by the President and confirmed by the Senate.
The case from the Third Circuit was not a good vehicle for granting certiorari on either issue, even though there is a circuit split on nonconsensual, third-party releases.
Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.
The Supreme Court uses a copyright case to explain why the bankruptcy exception to states’ sovereign immunity is unique under the Constitution.