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    Supreme Court’s Wellness opinion effectively overturns the Sixth Circuit’s decision on bankruptcy court jurisdiction in Waldman
    2015-06-03

    Last week, in Wellness Int’l Network Ltd. v. Sharif, No. 13-935 (May 26, 2015), the Supreme Court held that a bankruptcy court can enter final judgment on “non-core” claims under 28 U.S.C. § 157 if the parties consent to that court’s jurisdiction.  It overturned a decision by the Seventh Circuit that relied heavily on the Sixth Circuit’s decision in Waldman v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, SCOTUS, United States bankruptcy court, Sixth Circuit
    Authors:
    Colter Paulson
    Location:
    USA
    Firm:
    Squire Patton Boggs
    On the rescission of dividends paid during the suspect period agreed in advanced within insolvency proceedings
    2015-03-31

    The Supreme Court rules in a recent decision over different bankruptcy incidents. The first relates to a work contract to supply materials in which a penalty clause for late work is established, and the ability to execute the works under the guarantee provided in the contract if the contractor may not execute them. Having a delay in delivery of the work and having entrusted to another company the repair works, the owner claimed the payment of the amounts and compensation with the guarantee held.

    Filed under:
    Spain, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, SCOTUS
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Jacobs v. Terpitz: entering into a partnership constitutes “minimum contacts”
    2015-03-13

    Since the Supreme Court’s decision in Stern v.

    Filed under:
    USA, New York, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Personal jurisdiction, SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Same song – - third verse: US Supreme Court hears arguments in Wellness v. Sharif
    2015-01-15

    “Bad news comes in threes.” “Third time’s the charm.” “Three strikes and you’re out.”

    One of these three adages may come to characterize the outcome of a case of significant import argued before the US Supreme Court this week. The Supreme Court heard arguments on Wellness Int’l Network, Ltd. v. Sharif. The case is the third in a trilogy including Stern v. Marshall and Executive Benefits Ins. Agency v. Arkison, which examine the scope of the constitutional exercise of judicial power by bankruptcy courts.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Squire Patton Boggs, SCOTUS
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    SCOTUS to decide whether order denying plan confirmation is “final,” appealable
    2014-12-15

    The Supreme Court granted cert last Friday in the case of Bullard v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, SCOTUS
    Authors:
    Larisa Vaysman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    U.S. Supreme Court rules the individual mandate is constitutional and limits Medicaid expansion laws
    2012-06-28

    The decision we've all been waiting for is in -- the U.S.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Litigation, Tax, Squire Patton Boggs, Medicaid, Affordable Care Act 2010 (USA), SCOTUS
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Supreme Court limits Bankruptcy Court jurisdiction over some claims
    2011-06-24

    The US Supreme Court has ruled in Stern v. Marshall (June 23, 2011) that a bankruptcy court lacks jurisdiction to render final judgment on a bankruptcy estate’s compulsory counterclaim against a creditor arising under common law, despite a statutory grant of jurisdiction.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Tortious interference, Constitutionality, Bench trial, Common law, Jury trial, US Constitution, Article III US Constitution, US Congress, SCOTUS, Ninth Circuit, United States bankruptcy court
    Authors:
    Jordan A. Kroop , Stephen D. Lerner , Thomas J. Salerno
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Only a matter of time: a look at the December 1, 2009 changes to the time periods governing bankruptcy cases
    2009-12-17

    On December 1, 2009, numerous changes to the time periods applicable in bankruptcy cases took effect. These changes, which will impact creditors and debtors alike, are relatively straightforward but must be carefully reviewed and thoroughly understood. Time plays a critical role in the administration of bankruptcy cases, affecting the degree of notice a party is required to give before certain actions can be taken or approved by the bankruptcy court as well as deadlines for filing various documents, asserting various rights and satisfying certain statutory obligations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Commodity broker, Liquidation, Consumer privacy, US Code, Title 11 of the US Code, SCOTUS, United States bankruptcy court
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Security for parallel debt questioned by Poland’s Supreme Court
    2009-11-19

    Poland’s Supreme Court in a recent ruling found a grant of security for parallel debt to be invalid.

    Filed under:
    Poland, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Accounts receivable, Debt, Capital punishment, Subsidiary, SCOTUS
    Authors:
    Peter Swiecicki
    Location:
    Poland
    Firm:
    Squire Patton Boggs
    Spanish Corporate-Real Estate Legal Update nº 31. July 2016: Determination of the Moment at Which Director Liability Arises for Corporate Debts in the Event of Company Insolvency
    2016-07-06

    Supreme Court Judgment dated 10 March 2016 (STS 151/2016)

    The judgment of the Supreme Court analyses the objective scope of extension of the liability for obligations and debts for which, as appropriate, the director of a company should be liable and, more specifically, the scope of "the corporate obligations subsequent to the occurrence of the legal ground for dissolution".

    Filed under:
    Spain, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Patent infringement, Interest, Consideration, Debt, Court costs, Joint and several liability, Capital punishment, Dissolution (law), SCOTUS, Court of Appeal of England & Wales, South Africa Supreme Court of Appeal
    Authors:
    Ramón Castilla
    Location:
    Spain
    Firm:
    Squire Patton Boggs

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