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Commercial Law & Contracts › Constitutional Law › Bankruptcy

Read Commercial Law & Contracts updates, alerts, news, and analysis from leading lawyers and law firms:

News & Analysis as of May 20, 2013

Sheppard Mullin Richter & Hampton LLP

Bankrupt Municipality May Reduce Retiree Benefits

by Aaron Kleven | Sheppard Mullin Richter & Hampton LLP on 3/15/2013

The bankruptcy of the largest U.S. city to file a chapter 9 bankruptcy petition has yielded a decision with serious implications for municipal creditors. Specifically, the United States Bankruptcy Court for the Eastern...more

Cadwalader - Financial Restructuring

Stern v. Marshall Update – Ninth Circuit Holds That Bankruptcy Courts Lack Constitutional Authority To Finally Determine...

by Audrey Aden Doline, Sharon J. Richardson, Michael Stevens | Cadwalader - Financial Restructuring on 1/25/2013

On December 4, 2012, the United States Court of Appeals for the Ninth Circuit added to the growing body of case law delineating the extent of bankruptcy courts’ jurisdiction in the wake the Supreme Court’s decision in Stern...more

Burr & Forman

Burr Alert: Evolving Bankruptcy Jurisdiction - Ninth Circuit Rules That Bankruptcy Courts Cannot Enter Final Judgment On...

by Kasee Sparks Heisterhagen | Burr & Forman on 1/24/2013

Before the Supreme Court’s seminal ruling in Stern v. Marshall, bankruptcy courts regularly entered final orders in fraudulent conveyance actions and other “core” matters. In Stern v. Marshall, the Supreme Court ruled that...more

Katten Muchin Rosenman LLP

Ninth Circuit Prohibits Bankruptcy Courts from Entering Judgments on Fraudulent Conveyance Claims Against Non-Claimants

by Craig A. Barbarosh, Kevin M. Baum, Bertrand J. Choe, Karen B. Dine | Katten Muchin Rosenman LLP on 12/13/2012

The Ninth Circuit recently held that: bankruptcy courts lack the constitutional authority to enter a final judgment on all fraudulent transfer claims against non-claimants, whether brought under state or federal law, and a...more

Bloomberg Law

Law Prof: US Govt Ignoring Rule of Law & Harming Economy Further [Video]

by Bloomberg Law on 8/30/2012

Aug. 29 (Bloomberg Law) -- There are numerous examples of the federal government suspending or ignoring settled rules of law in order to quickly and effectively respond to particular problems created by the broader financial...more

Cadwalader, Wickersham & Taft LLP

Frenville – Gone But Not Forgotten: Third Circuit Prohibits Retroactive Application of Grossman’s

by Cadwalader, Wickersham & Taft LLP on 6/1/2012

The ability to discharge debts (i.e., liability on a claim) is essential to the fundamental goal of chapter 11 of the Bankruptcy Code – providing debtors with a fresh start by resolving all claims that arose before...more

Patterson Belknap Webb & Tyler LLP

Asset Sales in Bankruptcy: An Important Decision

by Patterson Belknap Webb & Tyler LLP on 5/1/2012

U.S. bankruptcy law permits debtors-in-possession and trustees to sell assets free and clear of claims, liens and other interests. But a federal judge in New York ruled recently that a purchaser does not necessarily buy free...more

Cadwalader, Wickersham & Taft LLP

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

What is the dollar in the United States

by Dan Goodman on 9/30/2011

A dollar in the United States is a Spanish Milled dollar coin, or its equivalent, in coin form, containing 371.25 grains of fine silver. Legal authority quoted, cited, and linked....more

Phyllis Voisenat

Stop Foreclosure Automatically Using the Power of Chapter 13

by Phyllis Voisenat on 7/3/2011

How to Automatically Save Your Home From Foreclosure When the Bank Won't Work with You or Modify Your Loan. ...more

Mintz Levin - Public Finance

Bankruptcy and Public Finance Advisory: Bankruptcy Judge Rules that City of Vallejo Can Void Union Contracts

by Mintz Levin - Public Finance on 4/15/2009

The nation’s cities, towns and other municipalities have certainly not been immune from the effects of the economic downturn. An option that may be available to municipalities facing dire financial circumstances is to file...more

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