BANKRUPTCY LAW
JURIST legal news archive...




Supreme Court rules in bankruptcy case
May 18, 2015
The US Supreme Court ruled unanimously Monday in Harris v. Viegelahn that a debtor who converts to Chapter 7 is entitled to return of any postpetition wages not yet distributed by the Chapter 13 trustee. Petitioner Charles Harris, after filing a voluntary petition for Chapter 13 bankruptcy and conti....... [more]

Supreme Court rules denial of proposed bankruptcy repayment plan not final action
May 4, 2015
The US Supreme Court ruled Monday in Bullard v. Blue Hills Bank that a bankruptcy court's order denying confirmation of a debtor's proposed repayment plan is not a final order that the debtor can immediately appeal. Chief Justice Roberts wrote the opinion for a unanimous court. In the opinion, the c....... [more]

Bankruptcy Courts Are No Longer Courts of Equity
May 1, 2015
JURIST Guest Columnist Harrison Thorne ofUCLA School of Law discusses the role of bankruptcy courts in equity... Bankruptcy law, embodied in Title 11 of the United States Code (also known as "the Bankruptcy Code"), strives to balance the rights of creditors to receive payment for what they are owed....... [more]

Judge, lawyer killed in shooting at Milan courthouse
April 9, 2015
Claudio Giardiello, a defendant in a bankruptcy case, opened fire during trial on Thursday, killing three people, including a lawyer and a judge. Giardiello, an Italian businessman being tried for fraudulent bankruptcy, fired at least 13 shots from a gun he sneaked into the Palace of Justice in Mila....... [more]

Supreme Court hears arguments in bankruptcy cases
April 1, 2015
The US Supreme Court heard oral arguments Wednesday in two bankruptcy cases. In Harris v. Viegelahn the court must decide "whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the former Chapter 13 trustee a....... [more]

Supreme Court hears oral arguments in bankruptcy dispute
March 25, 2015
The US Supreme Court heard oral argument on Tuesday in a pair of consolidated cases involving a dispute over federal bankruptcy laws brought by Bank of America (BOA). The cases, Bank of America, NA v. Caulkett and Bank of America, NA v. Toledo-Cardona, stem from the mortgage bubble and collapse of....... [more]

Supreme Court hears arguments on Immigration and Nationality Act, bankruptcy court jurisdiction
January 14, 2015
The US Supreme Court heard oral arguments in two cases Wednesday. In Mellouli v. Holder the court heard arguments on whether the government should be required to prove a connection between a conviction for possession of drug paraphernalia and a controlled substance as defined by congress in order to....... [more]

Supreme Court adds 4 cases to docket
December 12, 2014
The US Supreme Court granted certiorari Friday in four cases. In Bullard v. Hyde Park Savings Bank the court will decide whether an order denying confirmation of a bankruptcy plan is appealable. The US Court of Appeals for the First Circuit dismissed the appeal for lack of jurisdiction. In Kimble v....... [more]

Supreme court agrees to hear two cases involving mortgage liens
November 17, 2014
The US Supreme Court on Monday granted certiorari in two bankruptcy cases on appeal from the US Court of Appeals for the Eleventh Circuit, consolidating them for one hour of oral argument. The two cases, Bank of America, NA v. Caulkett and Bank of America, NA v. Toledo-Cardona, both involve mortga....... [more]

Judge urges immediate implementation of Detroit bankruptcy plan
November 12, 2014
A judge for the US Bankruptcy Court for the Eastern District of Michigan on Wednesday urged that the newly approved plan to resolve Detroit's bankruptcy be implemented as soon as possible. The plan, which was approved on Friday by US Bankruptcy Judge Steven Rhodes, will cut seven of the city's 18 bi....... [more]

US bankruptcy judge approves Detroit debt plan
November 8, 2014
The US Bankruptcy Court for the Eastern District of Michigan approved a plan on Friday to resolve Detroit's seven billion dollars of debt and return the city to solvency. The plan includes settlements regarding post-employment benefits claims, tax obligations, insurance, and "the Grand Bargain" whic....... [more]




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