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    Absolute Priority Remains Absolute - US Supreme Court Holds Structured Dismissals Cannot Violate Priority Rules
    2017-03-23

    In a highly anticipated bankruptcy opinion, the United States Supreme Court, in Czyzewski v. Jevic Holding Corp., held that courts may not approve structured dismissals providing for distributions that deviate from the priority rules prescribed in the Bankruptcy Code, absent consent of the affected creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Sun Capital Partners, SCOTUS
    Location:
    USA
    Firm:
    Dechert LLP
    Stern v. Marshall: Supreme Court declares part of the Bankruptcy Code’s jurisdictional provisions unconstitutional
    2011-07-05

    In a significant decision that reinforced the U.S. Supreme Court’s prior plurality decision in Marathon, the Court determined that while bankruptcy courts have the statutory authority to hear state-law compulsory counterclaims to a creditor’s proof of claim under section 157(b)(2)(C) of Title 28, Article III of the U.S. Constitution requires such proceedings to be heard by Article III judges where they would not be resolved as part of the claims allowance process.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Constitutionality, Article III US Constitution, SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Dechert LLP
    SCOTUS Adopts ‘Objectively Reasonable’ Standard for Violations of Bankruptcy Discharge Orders
    2019-07-22

    In determining the legal standard for holding a creditor in civil contempt for attempting to collect a debt in violation of a bankruptcy discharge order, the Supreme Court of the United States adopted an “objectively reasonable” standard, and held that a court may hold a creditor in civil contempt if there is “no fair ground of doubt” as to whether the order barred the creditor’s conduct.

    Accordingly, the Supreme Court reversed the Ninth Circuit’s ruling, which had applied a subjective standard for civil contempt.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Title 11 of the US Code, Google, SCOTUS
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    U.S. Supreme Court Holds FDCPA Not Violated By Proof of Claim on Time-Barred Debt
    2017-05-15

    In a 5-3 decision handed down on May 15, the Supreme Court of the United States held that the federal Fair Debt Collection Practices Act (FDCPA) is not violated when a debt collector files a proof of claim for a debt subject to the bar of an expired limitations period. The decision:

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debt, Collection agency, Fair Debt Collection Practices Act 1977 (USA), SCOTUS
    Authors:
    Donald Maurice
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Supreme Court Hears Oral Argument in Midland Funding v. Johnson
    2017-01-18

    The U.S. Supreme Court heard oral argument Tuesday in Midland Funding v. Johnson. A primary issue before the Court is whether the federal Fair Debt Collection Practices Act is violated by the filing in a Chapter 13 bankruptcy case of a proof of claim representing a debt subject to an expired limitations period. The case originated from the Eleventh Circuit Court of Appeals, which along with its earlier decision in Crawford v. LVNV, held the FDCPA is violated in those instances. Every other Circuit Court of Appeals has since found otherwise.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Fair Debt Collection Practices Act 1977 (USA), SCOTUS
    Authors:
    Donald Maurice
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Supreme Court Takes On Chapter 13 Bankruptcy Mess Created by FDCPA Ruling
    2016-10-13

    The Supreme Court of the United States has decided it will review the decision of the U.S. Court of Appeals for the Eleventh Circuit in Johnson v. Midland Funding LLC.

    A link to the docket is available here: Link to Docket.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Fair Debt Collection Practices Act 1977 (USA), SCOTUS, Eleventh Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    U.S. Supreme Court holds Chapter 7 debtor cannot ‘strip off’ wholly unsecured junior mortgage
    2015-06-02

    The U.S. Supreme Court recently held that a debtor in a Chapter 7 case cannot “strip-off” or void a wholly unsecured junior mortgage under section 506(d) of the Bankruptcy Code.

    A copy of the opinion is available at: Link to Opinion.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Unsecured debt, SCOTUS
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    4th Cir. Vacates Bankruptcy Civil Contempt Order Against Creditor, Holds Taggart Standard Applies
    2022-04-25

    The U.S. Court of Appeals for the Fourth Circuit recently held that the “no fair ground of doubt” standard established by the Supreme Court of the United States in Taggart v. Lorenzen, a case involving alleged violation of a Chapter 7 discharge order, governed civil contempt proceedings for violation of a confirmed reorganization plan under Chapter 11.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, SCOTUS, Fourth Circuit, U.S. Court of Appeals
    Location:
    USA
    Bankruptcy 2021: A Decline in Filings, Supreme Court Weighs In, Congress Looks at Student Loans
    2021-12-28

    When 2020 ended, many of us were unsure what 2021 would look like from a bankruptcy perspective. Would consumer filings increase? Could we see bankruptcy reform and particularly in the area of discharge of student loans? There was a lot to consider throughout the year. This article will provide some insight as to what we saw and where we may be headed in 2022.

    Bankruptcy Filings Down in 2021

    Bankruptcy filings through the first 11 months of 2021 were at their lowest levels since the 1980’s.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Coronavirus, US Congress, SCOTUS
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Consumer Bankruptcy in the Age of COVID-19
    2021-07-15

    The last year and a half was a time to be remembered in bankruptcy law. It started with an eye on increasing the ability of small businesses to utilize the Chapter 11 process in a more efficient and less expensive way, which led to a record number of commercial filings, a reduction in consumer filings, and a test of the bankruptcy system. What will the second half of 2021 look like?

    Filed under:
    USA, Insolvency & Restructuring, Maurice Wutscher LLP, Coronavirus, CARES Act 2020 (USA), SCOTUS
    Authors:
    Alan C. Hochheiser
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

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