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ABI Journal

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 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 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 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.

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 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 Declines to Rule on Equitable Mootness

Sewer customers challenged the dismissal of their appeal from confirmation of the Jefferson County chapter 9 municipal debt restructuring.

Equitable Mootness Attacked in Jefferson County ‘Cert’ Petition

Lack of a circuit split makes equitable mootness an unlikely topic for Supreme Court review.

The Jay Alix/McKinsey Spat Reaches the Supreme Court

The Jay Alix certiorari petition asks the high court to resolve a circuit split and say whether vindicating the public interest confers appellate standing.

Newly Filed Certiorari Petitions Raise Circuit Splits on ‘Finality’ and the Automatic Stay

The Supreme Court is invited to resolve a circuit split and decide whether inaction can violate the automatic stay.