Supreme Court

Tribune Creditors Seek Reconsideration on Implied Preemption by the ‘Safe Harbor’

Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.

Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo

Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.

Supreme Court Says Insider Status Is Reviewed for Clear Error Under Existing Test

Some justices are critical of the existing test for ruling on non-statutory insider status.

Supreme Court Narrowly Interprets the Safe Harbor, Overrules the Majority of Circuits

Intermediate transfers to financial institutions do not trigger the safe harbor.

A Trademark License Rejection Case May End Up in the Supreme Court

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.

Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term

High court to decide whether a false oral statement about one asset results in nondischargeability.

Update: The Justices May Hear Another Bankruptcy Case, but Not Sunnyslope

Odds have risen that the high court will decide whether an oral statement about one asset is a statement of ‘financial condition’ that must be in writing.

Misrepresenting One Asset Is More Dangerous than Misrepresenting All Assets

Boasting about ‘strong financial condition’ must be in writing for the debt to be nondischargeable, Fifth Circuit says.

Odds Rise for a Supreme Court Ruling on Valuation Standard for Chapter 11 Cramdown

Professors and former judges urge Supreme Court to review Sunnyslope.

Supreme Court Won’t Decide a Circuit Split on Garnished Wages as Preferences

Fifth Circuit held that wages garnished within 90 days of bankruptcy are preferences.

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