Constitutional Law

Read Bankruptcy Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 19, 2013

Rogers Towers: The Right to Trial by Jury in Fraudulent Transfer Actions in Bankruptcy

by Jacob J. Payne | Rogers Towers on 11/20/2012

Suppose you have been sued by the bankruptcy trustee for an alleged fraudulent transfer or a preferential payment. Who decides the case—the bankruptcy judge or a jury? This post explores the circumstances in which parties to...more

Appointing An Examiner is not a Simple Task

by Potter Anderson & Corroon LLP on 5/1/2012

Three cases provide examples of situations in which the courts considered an outside overseer. Allegations of impropriety by a bankrupt company's management can fuel heated litigation in bankruptcy cases — including...more

Stern v. Marshall Updates – DC Bankruptcy Court Has Jurisdiction to Hear State Law Counterclaims

by Cadwalader, Wickersham & Taft LLP on 4/11/2012

In GB Herndon, the District of Columbia Bankruptcy Court determined that it had constitutional authority to determine state common law counterclaims and state law claims against nondebtor codefendants. Adams Nat’l Bank v. GB...more

Lenders Beware: Delaware Supreme Court Holds Creditors of Insolvent LLC Lack Derivative Standing

by Cole Schotz on 9/23/2011

The Delaware Supreme Court recently held that creditors lack standing to bring a derivative suit on behalf of an insolvent Delaware limited liability company (an “LLC”) under the Delaware Limited Liability Company Act (the...more

Not all Bankruptcy “Core” Proceedings are Created Equal: A Limitation on State Law Lender Liability Claims in Bankruptcy Court...

by Katten Muchin Rosenman LLP on 9/16/2011

The scenario has become all too familiar in recent years: a borrower defaults on a loan and, when the lender pursues the loan collateral through foreclosure or other proceedings, the borrower files for bankruptcy protection....more

Supreme Court: Bankruptcy Courts Cannot Decide Debtors’ State Law Counterclaims

by Mintz Levin on 7/5/2011

In a decision that may have significant practical implications to the practice of bankruptcy law, the U.S. Supreme Court recently declared, on constitutional grounds, that a bankruptcy court cannot exercise jurisdiction over...more

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