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13 Dec 2023, 7:47 am
December 6, 2023 A court cannot reform an agreement to conform to what it thinks is proper, if the parties have not assented to such a reformation. [read post]
12 Dec 2023, 5:22 am
The Biden administration believed that the bankruptcy law won’t permit bankruptcy courts to approve the Sacklers being released from liability for third party lawsuits. [read post]
12 Dec 2023, 3:25 am
Would it surprise you to learn that 66% of all bankruptcies are due to medical expenses? [read post]
5 Dec 2023, 7:20 am
When there was pushback on the ground that bankruptcy courts aren't administrative agencies, they went to the closest thing in general statutory interpretation that they could find: the no-elephants-in-mouse-holes principle. [read post]
4 Dec 2023, 1:42 pm
The Supreme Court has relied on the major questions doctrine in recent terms to invalidate the Biden administration’s student-loan debt relief program and to restrict the Environmental Protection Agency’s ability to regulate greenhouse gases. [read post]
4 Dec 2023, 12:47 pm
” He did not mention his own reported role that year, as a young lawyer in the Reagan administration, helping prepare O’Connor for her confirmation hearing. [read post]
4 Dec 2023, 7:25 am
“Supreme Court tackles Sackler family liability protections in opioid settlement; The Biden administration is questioning a bankruptcy plan that lets the Sackler family avoid future lawsuits related to the opioid epidemic”: Lawrence Hurley of NBC News has this report. [read post]
3 Dec 2023, 3:22 pm
Department of Commerce administrative penalty for violation of Export Administration Regulations (EAR) pertaining to the Chinese technology company, Huawei Technologies Co. [read post]
30 Nov 2023, 4:28 am
Several later cases, though, all involving disputes between private parties, have rejected various aspects of statutory schemes, most prominently the Bankruptcy Code, that shifted adjudication of disputes away from traditional civil courts (with juries). [read post]
28 Nov 2023, 7:27 am
Does this prevent Congress from delegating to courts the power to create other courts, as when judicial councils create bankruptcy appellate panels, or as with proposals to similarly allow "judicial councils to create district court appellate panels"? [read post]
27 Nov 2023, 8:30 am
But his principal argument is that the Supreme Court in recent years has rejected those cases (“wiping out the[ir] last vestiges”) in a line of cases involving the bankruptcy code, so that now Congress’s power to assign new statutory causes of action to administrative tribunals (without juries) is limited to cases in which requiring a jury trial would “dismantle the statutory scheme. [read post]
24 Nov 2023, 6:08 pm
Cases dealing with similar, yet distinct, questions of territorial courts, courts-martial, or Article I legislative courts like bankruptcy courts were excluded from the database, reflected in the accompanying table. [read post]
24 Nov 2023, 7:38 am
This concept was described in Rubin v Eurofinance SA [2012] UKSC 46, [2013] 1 AC 236 (“Rubin”) as the “administration of multinational insolvencies by a leading court applying a single bankruptcy law”. [read post]
22 Nov 2023, 10:58 am
Trustee, the division of the Department of Justice that oversees the administration of bankruptcy cases, came to the Supreme Court over the summer, asking the justices to put the plan on hold. [read post]
20 Nov 2023, 8:34 am
Bankruptcy: Filing for bankruptcy may help you with tax debt, but you should consult with a bankruptcy professional first. [read post]
17 Nov 2023, 10:53 am
ShareThe Supreme Court will hear arguments in January in a pair of cases asking the justices to overrule a landmark decision on deference to federal administrative agencies. [read post]
15 Nov 2023, 1:13 pm
(23-124) The Supreme Court will consider a Justice Department request to block the bankruptcy settlement involving opioid manufacturer Purdue Pharma and its former owners, the Sackler family. [read post]
15 Nov 2023, 6:26 am
The SEC also filed 162 “follow-on” administrative proceedings seeking to bar or suspend individuals from certain functions in the securities markets based on criminal convictions, civil injunctions, or other orders and 121 actions against issuers who were allegedly delinquent in making required filings with the SEC. [read post]
15 Nov 2023, 3:30 am
If you are hiding assets before or during your bankruptcy filing you will be in trouble. [read post]
14 Nov 2023, 9:01 pm
The SEC also filed 162 “follow-on” administrative proceedings seeking to bar or suspend individuals from certain functions in the securities markets based on criminal convictions, civil injunctions, or other orders and 121 actions against issuers who were allegedly delinquent in making required filings with the SEC. [read post]
