Supreme Court Update: Equitable Mootness Not Ready for Prime Time
An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.
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‘Cert’ Petitions Raise Equitable Mootness and Federal Preemption in the Supreme Court
‘Cert’ petitions presenting two bankruptcy issues worthy of review by the Supreme Court will be considered by the justices at the ‘long conference’ on September 27.
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Supreme Court Majority Deals a Blow to Enforcement of Consumer Protection Laws
Supreme Court narrows Spokeo by holding that violation of a statute won’t always give rise to standing and the right to sue for damages.
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Solicitor General Says the Second Circuit ‘Erred’ in Tribune Safe Harbor Decision
Despite several errors about the safe harbor, the government recommends that the Supreme Court deny certiorari in Tribune.
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Supreme Court Holds that Merely Holding Property Isn’t a Stay Violation
Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
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Supreme Court Hears Argument in Fulton: Is Inaction 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.
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Homage to RBG: The Advocate for Consumers and Debtors
Compassion and intellect mark the bankruptcy opinions and dissents by the late Justice Ruth Bader Ginsburg.
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The Automatic Termination of the Automatic Stay: Not Ready for Prime Time
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.
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Supreme Court Allows the Madoff Trustee to Sue Foreign Subsequent Transferees
The denial of ‘cert’ aids the Madoff trustee’s quest to recover 100% of defrauded customers’ cash losses.
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Supreme Court Finds No Appointment Clause Violation in Puerto Rico’s Oversight Board
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.
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