By Scott Riddle Posted in Northern District Cases,US Supreme Court CasesIn 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
By Scott Riddle Posted in US Supreme Court CasesIn 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
By 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
By Posted in US Supreme Court CasesThe rules for venue for bankruptcy cases are found in 28 U.S.C. § 1408, which provides the following: Except as provided in section 1410 of this title, a case under title 11 may be commenced in the district court for the district— (1) in which the domicile, residence, principal place of business in the United… Continue Reading
By Posted in US Supreme Court CasesThe United States Supreme Court agreed on Monday to decide whether an individual who owes on a student loan may wipe out a portion of the debt in a bankruptcy without showing that the debt posed an “undue hardship.” United Student Aid Fund v. Espinosa (08-1134). See the cert petition by clicking here. In Espinosa… Continue Reading
By Posted in Corporate & Fiduciary Litigation,US Supreme Court CasesBy: 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
By Posted in US Supreme Court CasesBy: 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
By Posted in US Supreme Court CasesBy: Scott B. Riddle, Esq. In an opinion entered today in the case of Marrama v. Citizens Bank of Massachusetts, No. 05-996 (February 21, 2007), the United States Supreme Court held that an individual debtor does not have an unqualified right to convert from a Chapter 7 case to a Chapter 13 case. The Court,… Continue Reading
By Posted in US Supreme Court CasesThe 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
By Posted in US Supreme Court CasesIn 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
By Posted in US Supreme Court CasesFrom the Supreme Court Blog — The Supreme Court agreed on Monday to spell out the right of a debtor to change a Chapter 7 proceeding into a Chapter 13 case. The case is Marrama v., Citizens Bank of Massachusetts (05-996). In that case, the First Circuit Court ruled that the right to convert such… Continue Reading
By Posted in US Supreme Court CasesAs reported in the Supreme Court Blog, only one bankruptcy case is awaiting a ruling by the US Supreme Court before the term ends in about 3 weeks. In case no. 05-128, Howard Delivery v. Zurich American Insurance, the issue is whether a claim for workmen’s compensation insurance is a priority claim Section 507(a)(4) of… Continue Reading
By Posted in US Supreme Court CasesIn 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
By Posted in US Supreme Court CasesIn Central Virginia Community College v. Katz, No. 04-885, the Supreme Court held that states do not have soverign immunity from preference actions. Update: Background and discussion on this decision can be found at the SCOTUS Blog and at the Bankruptcy Litigation Blog.… Continue Reading
