News & Analysis as of

Final Judgment Commercial Bankruptcy

Dorsey & Whitney LLP

The Supreme Court - January 10, 2022

Dorsey & Whitney LLP on

Alfred Siegel v. John Fitzgerald, III, No. 21-441: This case, involving the Bankruptcy Judgeship Act of 2017 (“BJA”) applicable to Chapter 11 bankruptcies, presents the following question: Whether the BJA violates the...more

Arnall Golden Gregory LLP

Restructuring Roundup - November 2021

Industry News - Elon Musk Tells SpaceX Employees That Starship Engine Crisis Is Creating a ‘Risk of Bankruptcy'... Aeroméxico files Amended Plan of Reorganization...more

Dechert LLP

The U.S. Supreme Court Holds that Orders Granting or Denying Lift Stay Motions are Final

Dechert LLP on

The consequences of an order or judgement being final or interlocutory are enormous. An order from an interlocutory order requires leave since these orders are not appealable as of right. In addition, a failure to obtain...more

BCLP

Failure to Observe Bankruptcy Rule Deadline in An Adversary Proceeding Tried in District Court Costs Defendants Opportunity to...

BCLP on

A recent case from the 11th Circuit illustrates the procedural perils of litigation arising from a bankruptcy case but ultimately tried in the district court. In Rosenberg v. DVI Receivables XIV, LLC, the defendants lost...more

Stinson LLP

CFPB Continues to Take Action Against Offenders in Debt Collection Services

Stinson LLP on

CFPB Takes Action Against Servicemember Auto Lender Security National Automotive Acceptance Company - On October 28, 2015, the Consumer Financial Protection Bureau (CFPB) filed an administrative order against Security...more

Greenberg Glusker LLP

“Wellness” Has Made Us Better

Greenberg Glusker LLP on

On Thursday I published a blog article entitled Will “Wellness Make Us Better?, in which I posed the question of whether or not the U.S. Supreme Court would finally rule on whether or not bankruptcy courts can, in Stern type...more

Greenberg Glusker LLP

Will “Wellness” Make Us Better?

Greenberg Glusker LLP on

The United States Supreme Court will hand down its decision in the next few weeks in the case of Wellness Int’l Network, Ltd. v. Sharif (“Wellness”), 727 F.3d 751 (7th Cir. 2013) regarding bankruptcy courts’ jurisdiction. ...more

Ervin Cohen & Jessup LLP

Bankruptcy Bleak House—The Limited Ability of Bankruptcy Courts to Enter Final Judgments

Ervin Cohen & Jessup LLP on

In Stern V. Marshall, ____ U.S ___, 131 S. Ct. 2594 (2011), the Supreme Court held that bankruptcy courts cannot issue final judgments on state law counterclaims even though they are “core proceeding”. Stern V. Marshall is...more

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