January 18, 2023
The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.
December 8, 2022
Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?
December 7, 2022
The justices seem inclined to hold that Section 363(m) is not jurisdictional, if they first decide that the appeal is not moot.
June 28, 2022
The Supreme Court now has two bankruptcy cases on the calendar for argument in the term to begin in October.
June 15, 2022
The Supreme Court on June 13 declined to hear two bankruptcy cases in the term to begin next October.
June 6, 2022
The Supreme Court’s unanimous opinion avoids saying whether the dual system of U.S. Trustees and Bankruptcy Administrators is itself unconstitutional.
May 31, 2022
Cutting back on knee-jerk invocation of arbitration, the Supreme Court says that agreements to arbitrate are no more enforceable than ordinary contracts.
May 4, 2022
The circuits are split on whether an innocent debtor’s liability is automatically nondischargeable when an agent or partner committed fraud.
April 20, 2022
At oral argument, the justices seemed more concerned about the remedy to give if the dual fee system was unconstitutional.
April 6, 2022
The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.