Articles: 11-20 of 35

The State of Student Loan Debt in Bankruptcy

USA - July 21 2023 On June 30, the Supreme Court ruled that the Biden administration did not have authority to forgive student loans under the Higher Education Relief…

Court Holds Plan Administrator Didn’t Have a Conflict in Bringing a Lawsuit Against Preferred Shareholders

USA - June 28 2023 Sometimes we blog about cases with unusual fact patterns. The cases don’t stand for any overriding legal principle. They might not have application…

Former Bang Energy Drink CEO Loses Bid to Control Social Media Accounts

USA - June 26 2023 When he was appointed by the Eleventh Circuit, U.S. Bankruptcy Judge Peter D. Russin probably did not expect to have to decide who has rights to the…

New Ruling on Remedy for Disparity in Bankruptcy Fees

USA - May 30 2023 We have blogged a few times about the Supreme Court’s decision in Siegel v. Fitzgerald and its implications. In Siegel, the Supreme Court invalidated…

The Unique Case of Bittrex

USA - May 24 2023 On May 8, cryptocurrency platform Bittrex filed for chapter 11 in Delaware. Bittrex’s first day filings emphasize that, unlike many other crypto…

Despite Discretionary Standard, Courts Still Must Show Their Work

USA - April 28 2023 Although in the Ninth Circuit the decision to revisit an order under FRCP 60 is “highly discretionary,” judges still must explicitly grapple with the…

Late Appeals and Excusable Neglect: A Curious Case Where a Court Gives an Individual a Break

USA - April 11 2023 Persuading a bankruptcy judge to find “excusable neglect” after missing a filing deadline is usually a tough sell. You’d think it would be…

Supreme Court Holds That Fraud Exception to Debt Discharge can Include Fraud by Someone Other Than the Debtor

USA - March 29 2023 We have previously blogged about Bartenwerfer v. Buckley, No. 21-908, a Supreme Court case concerning the scope of the fraud exception to the…

Silicon Valley Bank’s Collapse Triggers Broader Fears in the Financial Sector

USA - March 13 2023 Last Friday, state regulators closed the Silicon Valley Bank (SVB), a Federally insured institution with 17 branches throughout California and…

Applying the Barton Doctrine, the Fifth Circuit Deepends Its Schism with the Eleventh

USA - February 28 2023 In a recent per curium opinion, the Fifth Circuit recommitted to its practice of dismissing claims against court-appointed fiduciaries when…