On average, the Supreme Court hears a single bankruptcy case each term. But during the October 2022 term, the Supreme Court issued a remarkable four decisions in bankruptcy cases. These decisions, which are summarized below,...more
7/10/2023
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 13 ,
Debtors ,
Dischargeable Debts ,
MOAC Mall Holdings LLC v Transform Holdco LLC ,
Offering Fraud ,
Puerto Rico Oversight Management and Economic Stability Act (PROMESA) ,
SCOTUS ,
Sovereign Immunity
Last week the Second Circuit issued its long-awaited opinion on the appeals of plan confirmation taken by the first lien, 1.5 lien and subordinated noteholders in In re MPM Silicones, LLC (“Momentive”). With one exception,...more
In a recent decision (“Energy Future Holdings”) poised to have wide-reaching implications, the Third Circuit Court of Appeals reversed the decisions of the Bankruptcy and the District Courts to hold that a debtor cannot use a...more