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ABI Journal

Rochellel's Daily Wire

August 09, 2021

‘Cert’ Petitions Raise Equitable Mootness and Federal Preemption in the Supreme Court

‘Cert’ petitions presenting two bankruptcy issues worthy of review by the Supreme Court will be considered by the justices at the ‘long conference’ on September 27.

Supreme Court

June 29, 2021

Supreme Court Majority Deals a Blow to Enforcement of Consumer Protection Laws

Supreme Court narrows Spokeo by holding that violation of a statute won’t always give rise to standing and the right to sue for damages.

Supreme Court

March 16, 2021

Solicitor General Says the Second Circuit ‘Erred’ in Tribune Safe Harbor Decision

Despite several errors about the safe harbor, the government recommends that the Supreme Court deny certiorari in Tribune.

Supreme Court

January 14, 2021

Supreme Court Holds that Merely Holding Property Isn’t a Stay Violation

Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.

Supreme Court

October 13, 2020

Supreme Court Hears Argument in Fulton: Is Inaction an Automatic Stay Violation?

Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.

Supreme Court

September 28, 2020

Homage to RBG: The Advocate for Consumers and Debtors

Compassion and intellect mark the bankruptcy opinions and dissents by the late Justice Ruth Bader Ginsburg.

Supreme Court

July 02, 2020

The Automatic Termination of the Automatic Stay: Not Ready for Prime Time

The Supreme Court declined to decide whether the automatic stay terminates automatically after a repeat filing as to all property or only property of the debtor.

Supreme Court

June 03, 2020

Supreme Court Allows the Madoff Trustee to Sue Foreign Subsequent Transferees

The denial of ‘cert’ aids the Madoff trustee’s quest to recover 100% of defrauded customers’ cash losses.

Supreme Court

June 01, 2020

Supreme Court Finds No Appointment Clause Violation in Puerto Rico’s Oversight Board

The Supreme Court reversed the First Circuit, which had held that the Oversight Board violated the Appointments Clause because the members were not appointed by the President and confirmed by the Senate.

Supreme Court

May 27, 2020

Supreme Court Ducks Equitable Mootness and Third-Party Releases

The case from the Third Circuit was not a good vehicle for granting certiorari on either issue, even though there is a circuit split on nonconsensual, third-party releases.

Supreme Court