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ABI Journal

Supreme Court

Supreme Court Rules on Mootness, but Not Equitable Mootness

The unanimous decision on March 19 by Justice Gorsuch contains language that could be used on both sides of the argument about the validity of equitable mootness.

Supreme Court

Supreme Court Hears Argument on Who Has Standing in Bankruptcy Cases

The Supreme Court may decide that standing in bankruptcy cases is more flexible and that Article III standards don’t apply in chapter 11 cases.

Supreme Court

Supreme Court Won’t Decide Whether ‘13’ Trustees Are Paid When Plans Aren’t Confirmed

Any day now, the Second Circuit could create a split of circuits importuning the Supreme Court to decide whether chapter 13 trustees are paid fees even if no plan is confirmed.

Supreme Court

Supreme Court Seems Disinclined to Pay Refunds for Overpayment of U.S. Trustee Fees

Several justices seemed to believe that ‘prospective relief’ is sufficient to remedy the due process violation because the alternatives are ineffective.

Supreme Court

Supreme Court Seems Dubious About Purdue’s Nonconsensual, Nondebtor Releases

At oral argument, the justices were focused on whether the word “appropriate” in Section 1123(b)(6) allows chapter 11 plans to include nonconsensual, nondebtor third-party releases.

Supreme Court

Supreme Court to Hear a Third Bankruptcy Case this Term: Standing Under § 1109(b)

Supreme Court to decide whether a creditor has standing to object to any provision in a chapter 11 plan, even provisions that don’t affect the creditor.

Supreme Court

Supreme Court Grants ‘Cert’ to Rule on Refunds for Overpayment of U.S. Trustee Fees

The Supreme Court will hear two bankruptcy cases in the new term: nondebtor releases, and refunds for overpayment of U.S. Trustee fees.

Supreme Court

Government Asks the Supreme Court to Halt Consummation of Purdue’s Chapter 11 Plan

Rebuffed in the Second Circuit, the Solicitor General is asking the Supreme Court to stay issuance of the mandate that would allow Purdue Pharma to consummate its chapter 11 plan.

Supreme Court

Government to Seek Supreme Court Review of Purdue’s Third-Party, Nondebtor Releases

In a motion to stay the issuance of the mandate, the government has announced that it will be filing a petition for certiorari asking the Supreme Court to review the Second Circuit’s Purdue decision allowing bankruptcy courts to issue releases to nondebtors.

Supreme Court

A Supreme Court Arbitration Opinion Could Disrupt Bankruptcies

Split 5/4, the Supreme Court rules that denial of a motion to compel arbitration automatically imposes a stay pending appeal.

Supreme Court
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