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Supreme Court of the United States › Appeals › Bankruptcy Court

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Tyson & Mendes LLP

A Seat at the Table: Supreme Court Rules Insurers Have a Right to Be “Heard on Any Issue” in Chapter 11 Cases

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On June 6, 2024, the United States Supreme Court issued its long-awaited ruling in Truck Insurance Exchange v. Kaiser Gypsum Co., Inc., et al. The Court held an insurer with financial responsibility for claims in bankruptcy...more

Snell & Wilmer

SCOTUS Decides Against Sacklers’ Release in Purdue Pharma

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On June 27, 2024, the U.S. Supreme Court issued its much-anticipated decision in Harrington v. Purdue Pharma L.P. The issue before the Court was whether the Bankruptcy Code permits nondebtors to obtain a release of...more

Lowenstein Sandler LLP

Purdue Pharma: Supreme Court Prohibits Non-Consensual Third-Party Releases; Ruling Will Reshape Bankruptcy Practice

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In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court to approve...more

Rosenberg Martin Greenberg LLP

Kiviti v. Bhatt: Fourth Circuit Brain Twister

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The scope of Bankruptcy Court jurisdiction has been the subject of numerous decisions, including multiple decisions by the United States Supreme Court since Bankruptcy Courts were created by the Bankruptcy Reform Act of 1978....more

Mintz - Bankruptcy & Restructuring Viewpoints

SCOTUS Bankruptcy Decision Roundup

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On average, the Supreme Court hears a single bankruptcy case each term. But during the October 2022 term, the Supreme Court issued a remarkable four decisions in bankruptcy cases. These decisions, which are summarized below,...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lac du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin

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On June 15, 2023, the U.S. Supreme Court decided Lac du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin, No. 22-227, holding that the Bankruptcy Code unambiguously abrogates the sovereign immunity of all...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Finds Bankruptcy Code Abrogates Tribal Sovereign Immunity

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The U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedings....more

Bracewell LLP

Use It or Lose It: U.S. Supreme Court Unanimously Holds in MOAC Mall Holdings LLC That 363(m) Protections Can Be Waived

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The U.S. Supreme Court recently issued its latest bankruptcy opinion in MOAC Mall Holdings LLC v. Transform Holdco LLC, holding that the Bankruptcy Code’s rule against invalidating 363 sales after appeal is not an iron-clad...more

Rosenberg Martin Greenberg LLP

Affordable Care Act Battle Rages On: Fourth Circuit Holds Individual Mandate Is a Tax in Bankruptcy

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As originally enacted, the Affordable Care Act (“ACA”) required most people to maintain health insurance. Those who did not maintain the required insurance were obligated to pay a “shared responsibility payment” (“SRP”),...more

Bracewell LLP

"Fatal Means Fatal": 5th Circuit's Broad Read of 363(m) Continues to Moot Section 363 Appeals after the Sale

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Recent rulings out of the United States Court of Appeals for the Fifth Circuit and its lower bankruptcy courts have emphasized the circuit’s broad interpretation of section 363(m) of the Bankruptcy Code, which protects...more

Vinson & Elkins LLP

Section 363(m) Circuit Split Headed for SCOTUS Review

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The Supreme Court of the United States granted certiorari on June 27, 2022, to determine whether section 363(m) of the Bankruptcy Code—concerning appellate review of bankruptcy court sale orders—is jurisdictional or only...more

White and Williams LLP

District Court Overturns Purdue Pharma’s Chapter 11 Plan and Related Releases of Sackler Family from Opioid Liability Claims

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On December 16, 2021, Judge McMahon of the United States District Court for the Southern District of New York (District Court) issued her decision in In re: Purdue Pharma LP, overturning the bankruptcy judge’s confirmation of...more

White and Williams LLP

District Court Overturns Purdue Pharma’s Chapter 11 Plan and Related Releases of Sackler Family from Opioid Liability Claims

White and Williams LLP on

On December 16, 2021, Judge McMahon of the United States District Court for the Southern District of New York (District Court) issued her decision in In re: Purdue Pharma LP, overturning the bankruptcy judge’s confirmation of...more

Bracewell LLP

U.S. Supreme Court Denies Review of Challenge to Equitable Mootness Doctrine

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In a decision that will likely impact bankruptcy proceedings around the country, the Supreme Court recently denied the petition for writ of certiorari of David Hargreaves, which challenged the equitable mootness doctrine. As...more

Patterson Belknap Webb & Tyler LLP

That’s a Brunner, Man. Supreme Court Declines to Revisit Overly Rigid Standard for Discharge of Student Loans in Bankruptcy 

Patterson Belknap Webb & Tyler LLP on

On Monday, the United States Supreme Court denied Thelma McCoy’s petition for a writ of certiorari to the United States Court of Appeals for the Fifth Circuit, passing up a golden opportunity to bring uniformity to the...more

Patterson Belknap Webb & Tyler LLP

Update: Seventh Circuit Revives Fulton Circuit Split

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In January, we reported that the Supreme Court had resolved a split among the Circuit Courts of Appeals regarding property seized from a debtor pre-petition, holding that “merely retaining possession of estate property does...more

Greenberg Glusker LLP

Nunc Pro Tunc Anyone?

Greenberg Glusker LLP on

On February 24, 2020, the United States Supreme Court ruled in a case Roman Catholic Archdiocese of San Juan v. Feliciano in connection with removal of a state court matter to Federal court, something that may have a...more

Kramer Levin Naftalis & Frankel LLP

US Supreme Court Gives the Final Word: Denial of Lift Stay Motions Are Final and Immediately Appealable

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The Bottom Line - The United States Supreme Court recently issued a unanimous decision in Ritzen Group, Inc. v. Jackson Masonry, LLC, No. 19-938 589 U.S. __ (2020), which held that a bankruptcy court’s unreserved denial...more

A&O Shearman

The Final Stay: Supreme Court Holds that Any Bankruptcy Court Order Denying Relief from the Automatic Stay Constitutes a Final,...

A&O Shearman on

On January 14, 2020, the Supreme Court of the United States issued a decision resolving the question of whether a motion for relief from the automatic stay constitutes a discrete dispute within the bankruptcy that creates a...more

Dechert LLP

The U.S. Supreme Court Holds that Orders Granting or Denying Lift Stay Motions are Final

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The consequences of an order or judgement being final or interlocutory are enormous. An order from an interlocutory order requires leave since these orders are not appealable as of right. In addition, a failure to obtain...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Resolves the Appealability of Orders Denying Relief from the Automatic Stay

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When a debtor files for bankruptcy, the Bankruptcy Code provides for an automatic stay of almost all proceedings to recover property from the debtor. See 11 U.S.C. § 362(a). A party in interest can seek an order exempting...more

Bradley Arant Boult Cummings LLP

Supreme Court Holds That an Order on a Motion for Relief from Stay Is a Final, Appealable Order

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In a unanimous opinion released last week, the Supreme Court provided guidance as to how to determine the finality of an order in a bankruptcy case for purposes of an appeal under 28 U.S.C. § 158(a). The Court held that the...more

Foley & Lardner LLP

More Clarity on What Constitutes a Final, Appealable Order in Bankruptcy After Ritzen Group Inc. v. Jackson Masonry, LLC

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On January 14, 2020, the Supreme Court of the United States issued an opinion clarifying what constitutes a final order for purposes of bankruptcy appeal. The Ritzen decision comes a few years after the Supreme Court in...more

Ward and Smith, P.A.

Supreme Court Rules "Now or Never" to Appeal Stay Relief Denials

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Under the Bankruptcy Code, filing a bankruptcy petition automatically halts efforts to collect pre-petition debts from the debtor outside of bankruptcy. This is the "automatic stay," and it is a command, not a suggestion....more

Fox Rothschild LLP

U.S. Supreme Court Confirms That Stay Relief Orders Must Be Appealed Right Away

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Earlier this week, the United States Supreme Court issued an opinion regarding appeals of orders denying relief from the automatic stay. Generally, the automatic stay (section 362 of the Bankruptcy Code) prevents creditors...more

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