Bankruptcy judges, lawyers frustrated by ‘Stern’ ruling 
By:
David Frank and Kimberly Atkins
Published: December 30, 2011
Tags: Article III, Bankruptcy, Federal courts, Stern v. Marshall
U.S. Bankruptcy Court Judge Barbara J. Houser’s job is a lot harder than it used to be, and she is not afraid to admit it.
The problem for Houser and her colleagues, as well as practitioners across the country, is the U.S. Supreme Court’s 2011 Stern v. Marshall decision, which limited the ability of judges to hear and rule on claims that regularly arise outside the Bankruptcy Code.
BANKRUPTCY
Published: December 12, 2011
Tags: Bankruptcy
Can a Chapter 11 debtor pursue a reorganization plan that proposes to sell encumbered assets at auction free and clear of liens without allowing a secured lender to bid its credit?
See “Justices to decide ‘cramdown’ rights of secured lender”
Bankruptcy procedure rules are revised
Published: December 7, 2011
Tags: Bankruptcy, Federal Rules of Bankruptcy Procedure
Several changes to the Federal Rules of Bankruptcy Procedure went into effect on Dec. 1.
Justices consider if tax on farm sale is dischargeable
By:
Kimberly Atkins
Published: November 29, 2011
Tags: Bankruptcy, capital gains tax, Chapter 12, IRS, Supreme Court
WASHINGTON – In a case that could have broad implications for bankruptcy filers, the U.S. Supreme Court is set to decide whether a farmer who sells his farm after filing for bankruptcy can discharge a tax debt.
Anna Nicole Smith case keeps roiling bankruptcy world
By:
Kimberly Atkins
Published: September 20, 2011
Tags: Anna Nicole Smith, Article III, Bankruptcy, district court, jurisdiction
Anna Nicole Smith has created a potentially major problem for litigants in bankruptcy proceedings.
The battle between the late former model and reality star and the estate of her late oil tycoon husband resulted in a U.S. Supreme Court ruling last
» Continue Reading.
Individual bankruptcy filings continue to rise, says report
Published: August 15, 2011
Tags: Bankruptcy, federal court, U.S. Courts
WASHINGTON – Individual bankruptcy filings continue to rise, according to the latest annual report of bankruptcy statistics from the Administrative Office of the U.S. Courts.
BANKRUPTCY
Published: June 23, 2011
Tags: Bankruptcy
Although a bankruptcy court had the statutory authority to enter judgment on Anna Nicole Smith’s tortious interference counterclaim as a core proceeding, it lacked the authority under Article III of the Constitution to do so.
See “Court reverses Anna Nicole Smith’s $450M bankruptcy award.”
BANKRUPTCY
Published: June 13, 2011
Tags: Bankruptcy, capital gains tax, Chapter 12, IRS, Supreme Court
When a Chapter 12 bankruptcy filer sells a farm, is the capital gain tax incurred dischargeable?
Hall v. U.S., No. 10-875. Certiorari granted June 13, 2011. Ruling below: 617 F.3d 1161 (9th Cir. 2010).
Justices question bankruptcy courts’ authority in Anna Nicole Smith case
By:
Kimberly Atkins
Published: January 19, 2011
Tags: Anna Nicole Smith, Article III, Bankruptcy, Bankruptcy Code, jurisdiction, probate court, Supreme Court
The 14-year legal battle over Anna Nicole Smith’s late husband’s fortune continues as the U.S. Supreme Court considers whether a bankruptcy court can issue a final order on a compulsory counterclaim that is based in tort law, not the Bankruptcy Code.
BANKRUPTCY
By:
Correy Stephenson
Published: January 11, 2011
Tags: Bankruptcy
A Chapter 13 above-means debtor who doesn’t make loan or lease payments may not take the deduction that is otherwise available for ownership of an automobile.
See “Justices: Debtor may not deduct car payments.”
U.S. Supreme Court. Ransom v. FIA Card Services, No. 09-907. Jan. 11, 2011.
» Continue Reading.
SUBSCRIBERS: Did you receive the new Lawyers USA Weekly Update in your inbox on Monday?
If not, click here to register and learn more now.
