Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Category Archives: US Supreme Court Cases

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The Discharge Injunction – Violations and Damages

It seems like violations of the discharge injunction get much less publicity than violations of the automatic stay.  Perhaps that is because by the time a discharge is entered the creditor has received the message.  When there is a violation the Eleventh Circuit has a good body of law on the issue and I happen… Continue Reading

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 (Bankr. N.D. Ga. June 5, 2013) (click here for opinion).  Judge Sacca based his… Continue Reading

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. BankChampaign NA, 2013 U.S. LEXIS 3521 (U.S. May 13, 2013) (click here for .pdf… Continue Reading

US Supreme Court Decides Stoneridge Investment Partners v. Scientifc-Atlanta; Limits Investor Fraud Lawsuits

By: Scott B. Riddle, Esq. This is not a bankruptcy case, but it will be applicable in many large bankruptcy cases involving allegations of fraud by shareholders or investors. On January 15, 2008, the United States Supreme Court entered an important decision in Stoneridge Investment Partners v. Scientific-Atlanta (06-43) (click here to download the opinion). There… Continue Reading

US Supreme Court Rules That Workers Comp Premiums Not Entitled to Priority Status

In Howard Delivery Service v. Zurich American Insurance, No. 05-128, the Supreme Court ruled today that claims for unpaid workers comp. premiums were not entitled to priority status under then-Section 507(a)(4) (now subsection (a)(5)). In a nutshell, the Justice Ginsberg wrote that workers compensation was more comparable to other types of business insurance (fire, theft,… Continue Reading

Anne Nicole Smith Prevails in Supreme Court

In an opinion entered yesterday (Marshall v. Marshall, No. 04-1544), the US Supreme Court gave former Playment and current diet products spokeswoman Anna Nicole Smith (real name Vickie Lynn Marshall) another bite at her deceased husband’s $1.6 billion estate. The Bankruptcy Court originally awarded Anna Nicole $474 million in a case filed against her late… Continue Reading