In a decision rendered on June 6, 2022, Justice Sotomayor authored the Supreme Court’s unanimous decision in the case Siegel v. Fitzgerald, holding that a statutory increase in United States Trustee’s fees violated the “uniformity” requirement of the Bankruptcy Clause set forth in Article I, § 7, cl. 4 of the United States Constitution, which empowers Congress to establish “uniform Laws on the subject of Bankruptcies throughout the United States.”1
On October 12, 2021, the U.S. Supreme Court denied, without comment, a petition for a writ of certiorari in a case challenging the doctrine of equitable mootness. Equitable mootness has been described as a “narrow doctrine by which an appellate court deems it prudent for practical reasons to forbear deciding an appeal when to grant the relief requested will undermine the finality and reliability of consummated plans of reorganization.”1 By his petition, David Hargreaves—an unsecured noteholder of debtor Nuverra Environmental Solutions Inc.
前记
执行是实现生效裁判文书债权的“最后关键一环”，是维护当事人合法权益的“最后一公里”。囿于执行领域纷繁复杂的法律规定以及各地司法实践的尺度不一，执行往往成为争议解决的重点及难点。我们长期专注于执行领域，代理了大量金融资管公司、上市公司的公证债权文书、诉讼/仲裁的执行案件。为此，基于执行实务经验，我们着眼于当前执行领域的热点难点问题，推出执行干货系列专题文章，敬请关注。
专题二
目前，法院通过网络拍卖平台处置财产已成为处置执行财产的主要方式，相比传统拍卖模式而言网络拍卖的效率可能更高，也更有利于保护债权的实现以及债务人的合法权益。近年来，越来越多的破产财产也同样通过网络拍卖平台高效处置。实践中，竞买人经常因为种种原因事后意图“悔拍”并寻求救济。对此，破产网络拍卖相关纠纷究竟属于何种性质？竞买人应选择什么程序进行救济？拍卖公告是否一律不得修改？本文结合司法实践对前述疑问进行单刀直入地解析。
破产网络拍卖的性质
On December 12, 2019, the Third Circuit issued a decision in In re Odyssey Contracting Corp., finding a debtor-subcontractor had waived its right to appeal from a bankruptcy court’s order directing the prime contractor and the debtor-subcontractor to resolve an adversary proceeding in accordance with a stipulation entered into by the parties and approved by the bankruptcy court prior to trial. This ruling has implications for all parties litigating in the Third Circuit, as the Odyssey ruling makes clear that parties who enter into stipulated agreements that depend on
The District Court for the Southern District of New York has ruled that a trustee could not amend a complaint to add federal constructive fraudulent transfer claims because those claims were preempted by the safe harbor provision of the Bankruptcy Code.[1] The District Court found, under a plain language reading of the safe harbor provision, 11 U.S.C.
In May, the United States Court of Appeals for the Ninth Circuit issued a much anticipated decision in Garvin v. Cook Investments NW, SPNWY, LLC, 922 F.3d 1031 (9th Cir.
Last month, a federal district court affirmed a bankruptcy court’s ruling that an ex-NFL player’s potential future recovery from a concussion-related class action settlement agreement was shielded from the reach of creditors in the former player’s Chapter 7 bankruptcy proceeding. The ruling turned on the bankruptcy court’s finding that the potential future settlement payments were more akin to a disability benefit, which is exempt under Florida law, than a standard tort settlement, which is not.
Background
The United States Court of Appeals for the Sixth Circuit recently examined and then clarified and set forth the test for evaluating the appealability of bankruptcy orders in an opinion released in the case Ritzen Group v. Jackson Masonry. In doing so, the appellate court reaffirmed the “longstanding and textually-compelled rule of [a] looser finality” standard in bankruptcy as compared to general civil litigation, and concluded that a denial of a motion to lift stay was a final appealable order subject to the fourteen-day appeals period established in Bankruptcy Rule 8002(a).
Recently, in the Advance Watch bankruptcy, the Bankruptcy Court for the Southern District of New York ruled that a bankruptcy judge is authorized to enter a final default judgment in an adversary proceeding against a foreign defendant who failed to respond to a validly-served summons and complaint, in spite of being an Article I judge.[1] Notably, the court found that the recent Supreme Court decision, Wellness International Network, Ltd. v. Sharif, 135 S. Ct. 1932 (2015), a further iteration of the Stern v.