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Supreme Court Agrees to Hear a Case About the Scope of the Fraud Exception to Discharge

USA - May 18 2022 A discharge in bankruptcy usually discharges a debtor from the debtor’s liabilities. Section 523 of the Bankruptcy Code, however, sets forth certain…

Daniel A. Lowenthal

Supreme Court to Consider Constitutionality of Chapter 11 Fees

USA - March 4 2022 Article I, Section 8 of the United States Constitution gives Congress the power to "establish . . . uniform Laws on the subject of Bankruptcies…

Daniel A. Lowenthal

New Court Ruling on Whether Avoidance Powers Require Benefit to Creditors

USA - July 21 2021 The Bankruptcy Code grants the power to avoid certain transactions to a bankruptcy trustee or debtor-in-possession. See, e.g., 11 U.S.C. §§ 544…

Daniel A. Lowenthal

New Bankruptcy Court Ruling on When a Creditor Can File a Late Proof of Claim

USA - June 4 2021 A creditor in bankruptcy must normally file a proof of claim by a certain specified time, known as the bar date, or have its claim be barred…

Daniel A. Lowenthal

Supreme Court Denies Petition for Certiorari in Tribune Creditors’ Case

USA - April 19 2021 In March, we reported on a brief filed by the Solicitor General recommending denial of a petition for certiorari filed by Tribune creditors seeking…