In this blog post, Plan Proponent tributes U.S. Supreme Court Justice Ruth Bader Ginsburg, who died last Friday at the age of 87, by cataloging her seven majority bankruptcy opinions.
Continue Reading Justice Ruth Bader Ginsburg’s Bankruptcy Opinions
What better way to wake Plan Proponent from a seven (!) month slumber than a minor Supreme Court opinion? Monday’s Taggart v. Lorenzen decision is not a confirmation opinion, but we’ve always tried to cover the Court’s bankruptcy decisions. In Taggart, with Justice Breyer writing for his unanimous colleagues, the Court held that, under § 524 of the Bankruptcy Code, a court can impose civil contempt sanctions for violations of a debtor’s discharge order when there is no “objectively reasonable” basis for viewing the creditor’s conduct as lawful under that order.
Continue Reading Supreme Court Adopts Objective Standard for Bankruptcy Discharge Violations
On Monday, President Trump nominated Judge Brett Kavanaugh from the D.C. Circuit Court of Appeals to fill Justice Anthony Kennedy’s soon to be vacant seat on the U.S. Supreme Court. Like Judge Merrick Garland, former President Obama’s last nominee, and unlike now-Justice Neil Gorsuch, President Trump’s first nominee, Judge Kavanaugh rarely encounters
The U.S. Supreme Court heard oral argument yesterday in Lamar, Archer & Cofrin, LLP v. Appling, a case from the 11th Circuit regarding the bankruptcy dischargeability exceptions in 11 U.S.C. § 523(a)(2). Locally, Appling is important because it originated across the street–literally–in Chief Bankruptcy Judge James P. Smith’s courtroom here in the Middle
As we posted about back in November, the Supreme Court granted cert in the In re The Village at Lakeridge, LLC case. We’ve been following that case since March of 2016 regarding insider status in Chapter 11 bankruptcy cases. Originally, the Ninth Circuit Court of Appeals took up the broader issue of how bankruptcy
Once again from my in-laws’ home in Potomac, Maryland, here’s Plan Proponent’s Best of 2017 post, a link by link Top 10 of our third year of blogging–although my wife just asked, in rather savage fashion, “Did you even have 10 posts this year?” Wow. (We had 11 posts, so one unlucky post about
Back in March of 2016, Tom wrote about In re The Village at Lakeridge, LLC. In that case, the Ninth Circuit Court of Appeals concluded that when MPB, the debtor’s sole member and a “statutory insider,” sold its claim to Dr. Rabkin, who was not an insider, Dr. Rabkin did not inherit MPB’s insider
The Association of Insolvency & Restructuring Advisors published its 1st Quarter 2017 Journal last Friday. Richard Gaudet, of HDH Advisors, LLC, and I wrote the article titled “Till Realized: Calculating Objective Chapter 11 Cramdown Rates without Expert Testimony.” The focus of the article is on the application of the U.S. Supreme Court
This is Part 2 of our coverage of Judge Neil Gorsuch’s bankruptcy opinions. As everyone knows, Judge Gorsuch is President Trump’s nominee for the U.S. Supreme Court. As we observed in Part 1, there’s an overwhelming amount of coverage of Judge Gorsuch’s “Big Cases” but very little about his bankruptcy opinions. Thus,
On Tuesday, President Trump nominated Neil M. Gorsuch from the 10th Circuit Court of Appeals to fill Justice Antonin Scalia’s now long-vacant seat on the U.S. Supreme Court. The Gorsuch coverage is already deafening, but, unsurprisingly, there’s little about Judge Gorsuch’s bankruptcy opinions. However, unlike Judge Merrick Garland, former President Obama’s last nominee,