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Category Archives: US Supreme Court Cases

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Bankruptcy Court Has Jurisdiction To Enter Final Judgment On Fraudulent Transfer Claims; Judge Sacca Follows Narrow View Of Stern v. Marshall

Posted in Northern District Cases, US Supreme Court Cases
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.

Posted in US Supreme Court Cases
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

Milavetz: U.S. Supreme Court To Bankruptcy Lawyers — You Are Debt Relief Agencies

Posted in US Supreme Court Cases
 Milavetz, Gallop & Milavetz, P.A. v. United States, No. 08-1119 (March 9, 2010) (click here for opinion). The majority opinion was written by Justice Sotomayor.   Justices Scalia and Thomas filed opinions concurring in part in the opinion, and the judgment. The issue before the Court was whether Bankruptcy lawyers were "debt relief agencies" as defined … Continue Reading

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

Posted in Corporate & Fiduciary Litigation, US Supreme Court Cases
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 – Bankruptcy Law Does Not Forbid Recovery Of Attorney’s Fees Provided By Contract

Posted in US Supreme Court Cases
By: Scott B. Riddle, Esq. (thanks to the Supreme Court Blog for the tip). In an opinion entered today in the case of Travelers Casualty & Surety v. Pacific Gas & Electric (05-1429), the Supreme Court reversed the Ninth Circuit and held that the Bankruptcy Code does not forbid a claim for attorneys fees where … Continue Reading

US Supreme Court – Recap of Argument in Marrama v. Citizens Bank of Massachusetts

Posted in US Supreme Court Cases
The Akin Gump Supreme Court Blog has an excellent recap of yesterday’s Supreme Court oral argument in the case of Marrama v. Citizens Bank of Massachusetts (05-996).  The blurb about the case is as follows – The question presented in Marrama is whether a bankruptcy court may deny a debtor’s request to convert his case … Continue Reading

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

Posted in US Supreme Court Cases
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

Posted in US Supreme Court Cases
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