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Important U.S. Supreme Court Ruling Clarifies Proper Pursuit of Debt in Bankruptcy Proceedings
  • Ulmer & Berne LLP
  • USA
  • May 18 2017

Debt collectors scored a win on Monday when the United States Supreme Court ruled that pursuing stale debt is not a violation of the Fair Debt

From the Top: U.S. Supreme Court to Hear Case on Scope of Section 546(e)'s Safe Harbor
  • Jones Day
  • USA
  • May 1 2017

On May 1, 2017, the U.S. Supreme Court agreed to hear Merit Management Group v. FTI Consulting, No. 16-784, on appeal from the U.S. Court of Appeals

Fourth Circuit Falls in Line with Second and Eighth Circuits Holding that Filing a Proof of Claim on a Time-Barred Debt Does Not Violate the FDCPA
  • Burr & Forman LLP
  • USA
  • August 30 2016

In Dubois v. Atlas Acquisitions LLC, Case No. 15-1945 (4th Cir. Aug. 25, 2016), the Fourth Circuit Court of Appeals held in a 2-1 decision that

From the Top in Brief - JulyAugust 2016
  • Jones Day
  • USA
  • August 8 2016

The U.S. Supreme Court has handed down two rulings thus far in 2016 (October 2015 Term) involving issues of bankruptcy law. In the first, Husky Int’l

Supreme Court Construes “Actual Fraud” Broadly, Resolving Circuit Split
  • Weil Gotshal & Manges LLP
  • USA
  • July 14 2016

A decision from the United States Supreme Court penned by Justice Sonia Sotomayor adopted a broad reading of “actual fraud” in section 523(a)(2)(A)

SCOTUS Gives Creditors Greater Capacity to Allege Fraud in Bankruptcy Proceedings
  • Bingham Greenebaum Doll LLP
  • USA
  • May 17 2016

In a favorable ruling to creditors and bankruptcy trustees, SCOTUS issued its ruling yesterday in Husky Int'l Elecs., Inc. v. Ritz (In re Ritz)

Defalcation, bankruptcy, and fiduciary litigation
  • Bryan Cave Leighton Paisner (Bryan Cave)
  • USA
  • May 20 2013

Last week, the United States Supreme Court issued its opinion in Bullock v. BankChampaign, N.A., which addressed the circumstances in which a breach

Ninth Circuit widens circuit split over application of state or federal bankruptcy law to determine whether claims of insider-lenders should be recharacterized as equity
  • Ropes & Gray LLP
  • USA
  • May 3 2013

In an important decision for private equity sponsors and other insiders who advance loans to their businesses, on April 30, 2013, the Ninth Circuit

Circuit split alert! Sixth and Ninth Circuits differ on whether consent among parties cures bankruptcy court’s lack of constitutional authority to enter final order
  • Thompson Hine LLP
  • USA
  • February 4 2013

A circuit split has emerged as a result of recent decisions from the Sixth and Ninth Circuit Courts of Appeals regarding whether a bankruptcy judge

Circuit split in enforceability of arbitration clauses in bankruptcy left unresolved
  • Pillsbury
  • USA
  • November 28 2012

In a recent summary opinion, the Supreme Court denied certiorari review of a decision, Continental Insurance Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 671 F.3d 1011 (9th Cir. 2012), where the Ninth Circuit had affirmed a lower court’s decision refusing to enforce an arbitration clause in a settlement agreement between a debtor and an insurer.