June 10, 2025
Supreme Court Grants ‘Cert’ in a Bankruptcy Case on Rule 60(b)(4)
Coney Island is a bankruptcy case, but the question is whether there is a time limit for a Rule 60(b)(4) motion to set aside a judgment for lack of personal jurisdiction over the defendant.
Supreme CourtMarch 27, 2025
Supreme Court Holds: § 106(a) Doesn’t Waive Sovereign Immunity for § 544(b) Suits
In an 8-1 opinion, the Supreme Court holds that the waiver of sovereign immunity under Section 106(a) does not extend to suits brought by a trustee under state law standing in the shoes of an actual creditor.
Supreme CourtDecember 05, 2024
Supreme Court Hears Argument on Allowing a Trustee to Sue the IRS for Fraudulent Transfers
Most justices seemed inclined to believe that the waiver of sovereign immunity in Section 106(a) does not abrogate the “actual creditor” requirement in Section 544(b)(1).
Supreme CourtAugust 12, 2024
Supreme Court’s Jarkesy Opinion Clarifies Granfinanciera on Jury Trial Rights
A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.
Supreme CourtJuly 01, 2024
Supreme Court to Rule on Waiver of Sovereign Immunity for Suits Under Section 544(b)(1)
To resolve a circuit split, the Supreme Court has agreed to decide whether a trustee can sue the government to recover a fraudulent transfer under state law when sovereign immunity would bar an ‘actual creditor’ from suing.
Supreme CourtJune 28, 2024
Supreme Court Reverses Purdue: No Nondebtor, Third-Party, Nonconsensual Releases
Justice Gorsuch for the majority bans third-party releases broader than a discharge for those who don’t surrender all their assets to the court.
Supreme CourtJune 17, 2024
No Refunds for Overpayment of Unconstitutional U.S. Trustee Fees, Supreme Court Rules
Saying that the constitutional infirmity was “small” and “short-lived,” the majority decided that prospective relief was enough because Congress subsequently enacted a law mandating uniformity in the future with regard to fees for U.S. Trustees and Bankruptcy Administrators
Supreme CourtJune 14, 2024
Supreme Says: No Refunds for Overpayment of Unconstitutional U.S. Trustee Fees
Although there was no split of circuits, the Supreme Court decided that Congress provided a sufficient remedy by requiring uniform fees going forward.
Supreme CourtJune 07, 2024
Supreme Court Says that Insurance Neutrality Doesn’t Deprive an Insurer of Standing
Reversing the Fourth Circuit, the Supreme Court gives a flexible interpretation to traditional notions of constitutional standing in bankruptcy cases and appeals.
Supreme CourtApril 19, 2024
Supreme Court Ruled Again on Arbitration, but Not (Yet) in Bankruptcy Cases
The Supreme Court again retreated from the idea that there’s a strong federal policy in favor of arbitration.
Supreme CourtPagination
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