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ABI Journal

Rochellel's Daily Wire

April 21, 2020

Justices Postpone Argument in Fulton until the Supreme Court’s Next Term

Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.

Supreme Court

March 25, 2020

Supreme Court Explains Sovereign Immunity in Bankruptcy Cases

The Supreme Court uses a copyright case to explain why the bankruptcy exception to states’ sovereign immunity is unique under the Constitution.

Supreme Court

February 26, 2020

Supreme Court Bans Nunc Pro Tunc Orders

Despite the high court’s ban on nunc pro tunc orders, may bankruptcy courts make their orders retroactive?

Supreme Court

February 25, 2020

Supreme Court Uses a Bankruptcy Case to Limit the Use of Federal Common Law

High court rules that federal courts may make federal common law only to protect ‘uniquely’ federal interests.

Supreme Court

January 14, 2020

Supreme Court Rules that ‘Unreservedly’ Denying a Lift-Stay Motion Is Appealable

Building on Bullard, the Supreme Court rules unanimously that a lift-stay motion is a “procedural unit” that’s appealable if the bankruptcy court “conclusively” denies the motion.

Supreme Court

January 13, 2020

Supreme Court Won’t Hear a Case to Compel Paying Puerto Rico Bondholders Currently

Supreme Court let a First Circuit opinion stand that barred bondholders from compelling payment during Puerto Rico’s restructuring under PROMESA.

Supreme Court

December 13, 2019

Supreme Court Update: No Decision Soon on Extraterritorial Fraudulent Transfers

The Supreme Court wants the government’s opinion about comity and the extraterritorial application of Sections 548 and 550.

Supreme Court

December 10, 2019

Supreme Court Might Allow FDCPA Suits More than a Year After Occurrence

The ‘fraud-specific discovery rule’ might permit FDCPA suits filed more than one year after the occurrence that gives rise to the claim.

Supreme Court

December 05, 2019

The Supreme Court May Duck a Case Involving Federal Common Law vs. State Law

At oral argument, the justices seemed to recognize that Rodriguez v. FDIC does not raise the question of whether the lower courts relied on federal common law in deciding the ownership of a tax refund.

Supreme Court

November 18, 2019

Supreme Court Grapples with ‘Finality’ in Ritzen v. Jackson Masonry

Justices may narrow Bullard by drawing back from the requirement that finality requires a change in the status quo.

Supreme Court