Supreme Court Likely to Decide Whether ‘Structured Dismissals’ Are Permissible
Justices may rule on whether bankruptcy settlements can disregard Section 507 priorities.
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Supreme Court Temporarily Ducks Case on Individuals’ Right to Sue
Showing violation of a federal statute might not itself entitle a consumer to sue.
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Supreme Court
Supreme Court: Misrepresentation Not Required for ‘Actual Fraud’ Nondischargeability
Supreme Court reverses Fifth Circuit on ‘actual fraud’ dischargeability case.
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Supreme Court
Puerto Rico’s Hopes Rise After Oral Argument in the Supreme Court
Some justices ask why Puerto Rico can’t legislate to keep the lights on.
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Supreme Court
Supreme Court Argument Pits Notions of Equity Against Statutory Construction
Ghost of Justice Scalia haunts the high court in a statutory construction case.
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Supreme Court
No Kidding: Justice Scalia’s Minority Opinions Would Have Helped Homeowners
This is the first of two features concluding that Justice Scalia’s opinions were not inherently adverse to the interests of debtors and the bankruptcy system generally.
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Antonin Scalia
Justice Scalia and Bankruptcy: ‘Originalism’ Can Sometimes Uphold ‘Stupid Laws’
Scalia consistently employed a judicial philosophy calling for courts to interpret statutes based on their common meaning.
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Antonin Scalia
Lender Protected from Forced Vesting of Title; Debtors Win on Fees and Repeat Filings
Debtors notch three wins and lose once in significant consumer cases.
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James L. Garrity Jr., Jeffrey P. Norman, Jason D. Woodward, Craig A. Gargotta