If the FDCPA applies to judicial foreclosure, should it also apply to nonjudicial foreclosure? The Supreme Court will decide.
Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.
High court will resolve a circuit split dating back to the Fourth Circuit’s controversial Lubrizol opinion in 1985.
Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.
Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.
Circuit splits persist because the Supreme Court ducks fraudulent transfer cases.
The high court seemed primed to rule that a debt will be discharged despite an oral misrepresentation about one asset.
Following a suggestion made by two Supreme Court justices, Tribune creditors ask the Second Circuit to recall the mandate and remand for reconsideration in district court.
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
Some justices are critical of the existing test for ruling on non-statutory insider status.