News & Analysis as of

Supreme Court of the United States › Certiorari › Bankruptcy Code

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 -
Dorsey & Whitney LLP

The Supreme Court Update - June 24, 2024

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in seven cases: United States v. Skrmetti, No. 23-477: This case concerns the constitutionality of state laws banning gender-affirming medical care for...more

Kerr Russell

U.S. Supreme Court to Address Permissibility of Non-Consensual Third-Party Releases in Chapter 11 Bankruptcy Plans

Kerr Russell on

As the calendar turns to autumn, the United States Supreme Court (“SCOTUS”) is commencing its new term and preparing to address a monumental issue that will impact chapter 11 law and the mass tort system: the permissibility...more

Dorsey & Whitney LLP

The Supreme Court Update - October 16, 2023

Dorsey & Whitney LLP on

On October 13, 2023, the Supreme Court of the United States granted certiorari in 4 cases: Relentless, Inc. v. Department of Commerce, 22-1219: This is the second case that the Court has agreed to hear this term...more

White and Williams LLP

Third-Party Releases Headed to SCOTUS on Rocket Docket Following Rare Civil Stay of Purdue Pharma Plan Confirmation

White and Williams LLP on

The Purdue Pharma bankruptcy case is going to Washington. In a rare civil stay ruling from the highest court in the land, the United States Supreme Court stayed the recent decision of the Second Circuit Court of Appeals,...more

Snell & Wilmer

Supreme Court Grants Certiorari to Determine Whether the Bankruptcy Code Waives Sovereign Immunity of Native American Tribes

Snell & Wilmer on

On January 13, 2023, the Supreme Court granted the Lac du Flambeau Band of Lake Superior Chippewa Indians’ Petition for a Writ of Certiorari to resolve the split of circuits on whether Section 106 of the Bankruptcy Code...more

Dorsey & Whitney LLP

The Supreme Court Update - January 13, 2023

Dorsey & Whitney LLP on

On Friday, January 13, the Supreme Court of the United States granted certiorari in eight cases: U.S. ex rel. Schutte v. SuperValu Inc.; U.S. ex rel. Proctor v. Safeway, Inc., Nos. 21-1326, 22-111: These consolidated...more

Vinson & Elkins LLP

Section 363(m) Circuit Split Headed for SCOTUS Review

Vinson & Elkins LLP on

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

Jones Day

Business Restructuring Review | March–April 2022

Jones Day on

MODIFICATION OF SECURED LOAN UNDER CRAMDOWN CHAPTER 11 PLAN WARRANTED DUE TO PLAN FEASIBILITY THREAT - Many recent court rulings concerning the treatment of secured creditors under a chapter 11 plan have focused on...more

Morgan Lewis

SCOTUS Set to Resolve Circuit Split on Constitutionality of Chapter 11 Quarterly Fee Differences

Morgan Lewis on

The US Supreme Court tends to hear a couple of bankruptcy cases per term. Most of these cases deal with interpreting provisions of the Bankruptcy Code. However, every few years or so, the Supreme Court decides a...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: Supreme Court Resolves Circuit Split Regarding Pre-Bankruptcy Seizure

Patterson Belknap Webb & Tyler LLP on

In 2019, we began following a Circuit split regarding a secured creditor’s obligation to return collateral that it lawfully repossessed pre-petition after receiving notice of a debtor’s bankruptcy filing. In our prior posts,...more

Carlton Fields

Can Doing Nothing as a Creditor Get You Sanctioned?

Carlton Fields on

Most experienced creditors know that once a debtor files bankruptcy the automatic stay imposed by Section 362 of the Bankruptcy Code generally precludes various actions to recover debt. ...more

Dorsey & Whitney LLP

The Supreme Court - December 18, 2019

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in the following cases: Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267; St. James School v. Biel, No. 19-348: Whether the First Amendment’s...more

Dorsey & Whitney LLP

The Supreme Court - June 3, 2019

Dorsey & Whitney LLP on

The Supreme Court of the United States issued four decisions this morning: Azar v. Allina Health Services, No. 17-1484: Congress has passed a law specific to Medicare, requiring that the government provide the public with...more

Cadwalader, Wickersham & Taft LLP

Trademark Licensees’ Rights Survive Bankruptcy Rejection

Cadwalader, Wickersham & Taft LLP on

In Mission Product Holdings, the Supreme Court Endorses “Rejection-as-Breach” Rule and Interprets Broadly the Contract Rights that Survive Rejection - On May 20, 2019, the United States Supreme Court resolved one of the...more

Ballard Spahr LLP

Supreme Court: Licensee's Right to Use Trademarks Survives Licensor's Rejection of Licensing Agreement in Bankruptcy

Ballard Spahr LLP on

The Supreme Court held this week that a debtor-licensor’s rejection of a trademark licensing agreement as an executory contract pursuant to section 365(a) of the Bankruptcy Code does not terminate the licensee’s rights to use...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Supreme Court Rules that Bankrupt Brands Cannot Use Bankruptcy to Revoke Trademark Licenses

Shumaker, Loop & Kendrick, LLP on

On May 20, 2019, United States Supreme Court settled a circuit split, deciding that a bankrupt company’s decision to reject an existing contract does not revoke a trademark licensee’s right to continue using the licensed...more

Dorsey & Whitney LLP

The Supreme Court will soon determine whether Trademark License Rights in Bankruptcy Endure or Melt Away

Dorsey & Whitney LLP on

In the coming months, the U.S. Supreme Court is expected to issue a decision in Mission Product Holdings, Inc. v. Tempnology, LLC that may (yes, we said “may”) resolve a circuit split as to whether trademark licensees can...more

Weintraub Tobin

SCOTUS To Decide If Trademark Licensees Lose Their Rights When The Licensor Becomes Insolvent

Weintraub Tobin on

The Supreme Court has granted review in the matter known as Mission Product Holdings Inc. v. Tempnology LLC, No. 17-1657, where it will decide whether a licensee loses its right to use a licensed trademark if the licensor...more

Foley & Lardner LLP

Trademarks, Bankruptcy, and Leverage: What Manufacturers and Other Trademark License Parties Should Know About A Potential...

Foley & Lardner LLP on

On February 20, 2019, the United States Supreme Court heard oral arguments in the case Mission Products, Inc. v. Tempnology, LLC. The case has important implications for manufacturers and other parties to trademark licenses...more

Sands Anderson PC

Important Trademark License Case Heard By Supreme Court

Sands Anderson PC on

In late February, the Supreme Court of the United States heard oral arguments in Mission Product Holdings Inc. v. Tempnology LLC, a case arising out of the First Circuit. The case addresses the impact of the rejection of a...more

Dorsey & Whitney LLP

Will the Supreme Court Finally Let Trademarks Join their Intellectual Property Brethren In the Protection Provided Under the...

Dorsey & Whitney LLP on

Earlier this year, we wrote about the First Circuit’s decision in In re Tempnology, LLC, a bankruptcy case in which the First Circuit cemented a circuit split over whether a trademark licensee could retain its trademark...more

Dorsey & Whitney LLP

The Supreme Court - October 29, 2018

Dorsey & Whitney LLP on

On Friday afternoon, October 26, 2018, the Supreme Court of the United States granted certiorari in three cases: Return Mail, Inc. v. USPS, No. 17-1594: Whether the government is a “person” who may petition to institute...more

Dorsey & Whitney LLP

The Supreme Court - January 16, 2018

Dorsey & Whitney LLP on

On Friday afternoon, the Supreme Court granted certiorari and agreed to hear arguments in twelve cases: Animal Science Products v. Hebei Welcome, No. 16-1220: Whether a court may exercise independent review of an appearing...more

Kelley Drye & Warren LLP

Could Supreme Court Case on Debt Recharacterization Provide a Pathway Out of the Stern v. Marshall Maze?

Kelley Drye & Warren LLP on

The Supreme Court recently granted certiorari in PEM Entities LLC v. Levin, in which it will decide whether federal or a state law should apply when a debt claim held by a debtor’s insider is sought to be recharacterized in...more

28 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide