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,
Supreme Court
Judge Neil Gorsuch’s Bankruptcy Opinions – Part 1
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,…
Happy New Year: The Best of 2016
(The Capitol from the Supreme Court on 12/30/16 via Dave’s iPhone)
Once again from my in-laws’ home in Potomac, Maryland, here’s Plan Proponent’s Best of 2016 post. With our second year in the bag, we’ll dispense with the formalities and get straight to the Top 10, link by link. In honor of our Supreme…
Middle District of Florida Weighs-In on Baker Botts and Fee-Defense Costs
Ordinarily, we would not go back over ground already covered by Bill Rochelle in his excellent Rochelle’s Daily Wire feed. However, we’ll make an exception for anything related to the U.S. Supreme Court’s Baker Botts, L.L.P. v. ASARCO, LLC opinion, an opinion that we’ve covered extensively. In short, Bill pointed all of us to…
Applying Baker Botts to Non-Attorney Bankruptcy Professionals
A year and a day ago, we published our first of a number of posts on Baker Botts v. ASARCO, wherein the Supreme Court held that bankruptcy professionals may not recover fee-defense costs incurred in “defending” their fee applications. So, what better way to mark the one year anniversary of our coverage of…
Supreme Court Clarifies § 523(a)(2)(A)’s “Actual Fraud” in Husky v. Ritz – Part 2
On Tuesday, we blogged about the Supreme Court’s decision in Husky International Electronics Inc. v. Daniel Lee Ritz. The decision focused on the phrase “actual fraud” in 11 U.S.C. § 523(a)(2)(A), which excepts from discharge any debts arising from money, property, services, or credit “to the extent obtained by . . .…
Supreme Court Clarifies § 523(a)(2)(A)’s “Actual Fraud” in Husky v. Ritz – Part 1
(Getty Images)[1]
Talk about timing. Yesterday, barely a week after Dave blogged about Justice Thomas’ admission that he might enjoy and appreciate bankruptcy cases more than his colleagues, Justice Thomas was the sole dissenting justice in the Supreme Court’s 7-1 decision in Husky International Electronics, Inc. v. Daniel Lee Ritz. The stated…
Justice Thomas Crashes a Bankruptcy Breakout Session
After an unplanned, exactly one month hiatus, we’re back! This long overdue post comes to you from Point Clear, Alabama, the site of the 2016 11th Circuit Judicial Conference, an event that brings together all of the federal judges in Georgia, Alabama, and Florida (i.e., the U.S. Marshals’ least favorite project every 2 years). Lest…
Delaware Judges Remain Aligned on Baker Botts Fee-Defense Issue
This will be a placeholder post for the Baker Botts, L.L.P. v. ASARCO, LLC timeline. On March 17, Delaware’s Judge Shannon formally adopted in his New Gulf Resources Chapter 11 case Judge Walrath’s Baker Botts opinion in Delaware’s Boomerang Tube Chapter 11 case. We’ve been covering Baker Botts and the fee-defense cost issue since June…
Why Does Judge Merrick Garland Hate Bankruptcy Law So Much?
(Photo by Diego M. Radzinschi/The National Law Journal)
On Wednesday, President Obama nominated Merrick Garland, Chief Judge of the U.S. Court of Appeals for the D.C. Circuit, to fill Justice Antonin Scalia’s recently vacant seat on the U.S. Supreme Court. Although much has been written over the last 2 days about Judge Garland’s prior decisions,…