Supreme Court

Supreme Court May 23, 2022

Supreme Court on Arbitration (Again): Perhaps Bankruptcy Is Exempt from Arbitration?

Cutting back on knee-jerk invocation of arbitration, the Supreme Court says that agreements to arbitrate are no more enforceable than ordinary contracts.
Supreme Court May 2, 2022

Cert Granted to Decide: Is a Principal’s Liability for an Agent’s Fraud Nondischargeable?

The circuits are split on whether an innocent debtor’s liability is automatically nondischargeable when an agent or partner committed fraud.
Supreme Court Mar 31, 2022

Supreme Court Rules Again on Arbitration, Saying Nothing Explicitly About Bankruptcy

The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.
Supreme Court Jun 25, 2021

Supreme Court Majority Deals a Blow to Enforcement of Consumer Protection Laws

Supreme Court narrows Spokeo by holding that violation of a statute won’t always give rise to standing and the right to sue for damages.
Supreme Court Jan 14, 2021

Supreme Court Holds that Merely Holding Property Isn’t a Stay Violation

Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
Supreme Court Oct 13, 2020

Supreme Court Hears Argument in Fulton: Is Inaction an Automatic Stay Violation?

Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
Supreme Court Sep 28, 2020

Homage to RBG: The Advocate for Consumers and Debtors

Compassion and intellect mark the bankruptcy opinions and dissents by the late Justice Ruth Bader Ginsburg.
Supreme Court Jul 1, 2020

The Automatic Termination of the Automatic Stay: Not Ready for Prime Time

The Supreme Court declined to decide whether the automatic stay terminates automatically after a repeat filing as to all property or only property of the debtor.