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Constitutional Challenges Bankruptcy Code

Epstein Becker & Green

Ghost Guns and the Bankruptcy Code: Neither Provides Ammunition for Dismissing Actions - SCOTUS Today

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The Supreme Court decided two cases today, continuing the release of opinions on which the Court is not deeply divided. The tougher ones are yet to come....more

Jones Day

Ninth Circuit: No Injury to Creditors Required for Avoidance of Intentionally Fraudulent Transfer

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To assist a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") in maximizing the value of the bankruptcy estate for the benefit of all stakeholders, the Bankruptcy Code authorizes a trustee or DIP to avoid certain...more

Dorsey & Whitney LLP

The Supreme Court Update - June 24, 2024

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Today, the Supreme Court of the United States granted certiorari in seven cases: United States v. Skrmetti, No. 23-477: This case concerns the constitutionality of state laws banning gender-affirming medical care for...more

Epstein Becker & Green

Indian Child Custody, Tribal Bankruptcy Coverage, and Criminal Case Venue Occupy Today’s Docket – SCOTUS Today

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Indian tribal rights led the Supreme Court’s docket yesterday. In one case, the Court held that the federal Bankruptcy Code abrogated the sovereign immunity of tribal governments. And in another, this time upholding tribal...more

Dorsey & Whitney LLP

The Supreme Court Update - June 15, 2023

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The Supreme Court of the United States issued 3 decisions today: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin,No. 22-227: This statutory interpretation and federal Indian law case addressed the...more

Dorsey & Whitney LLP

The Supreme Court Update - April 19, 2023

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Today, the Supreme Court of the United States issued three decisions: MOAC Mall Holdings LLC v. Transform Holdco LLC, No. 21-1270: This bankruptcy case involved the interpretation of Bankruptcy Code § 363(m) and its...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Look at 2019 Court Decisions That May Shape Restructuring Issues in the Year Ahead

A series of decisions over the past year — on issues such as make-whole premiums, intercreditor agreements, backstops for rights offerings and nonconsensual third-party releases — will likely have a significant impact in 2020...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS to Review Constitutionality of Puerto Rico’s Oversight Board

High Court review threatens to unravel Puerto Rico’s Title III bankruptcy cases. The U.S. Supreme Court has agreed to review the First Circuit’s ruling invalidating the appointment of the members of the Puerto Rico...more

Dorsey & Whitney LLP

The Supreme Court - January 7, 2019

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On Friday afternoon, January 4, 2019, the Supreme Court of the United States agreed to hear the following six cases: Emulex Corp. v. Varjabedian, No. 18-459: Whether the Ninth Circuit correctly held, in express...more

Patterson Belknap Webb & Tyler LLP

Stern Challenge to Third-Party Plan Releases Fails in Delaware

In hindsight, it seems inevitable that constitutional and other jurisdictional problems would arise when Congress, in enacting the Bankruptcy Reform Act of 1978, created impressive new powers and responsibilities for the...more

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