The United States Supreme Court granted certiorari on a Sixth Circuit decision, Sheriff v. Gillie, a FDCPA case which is of some interest to bankruptcy folks.
“Issue: (1) Whether special counsel – lawyers appointed by the Attorney General to undertake his duty to collect debts owed to the state – are state “officers” within . . . → Read More: Supreme Court Corner – Hot Off the Wire
The Supreme Court decided the case of Bank of America, N.A. v. Caulkett. The Court held, unanimously (except for a caustic footnote related to Dewsnup) that a debtor in a chapter 7 cannot void a junior mortgage lien pursuant to Section 506(d) when there is inadequate equity to support the junior lien because a . . . → Read More: The Supremes Decide Another One . . .
Parties may consent to bankruptcy court hearing Stern claims. There was likely a collective sigh of relief by many bankruptcy attorneys and judges as a result of the majority decision of the Supreme Court in Wellness International Network, Ltd. v. Sharif, decided May 26. In an opinion by Justice Sotomayor, the majority held that . . . → Read More: Welp, Wellness is Decided . . . A HUGE Victory For The Bankruptcy System
No. 14-400 (Certiorari to the U.S. Court of Appeals for the Fifth Circuit)
Issue: Whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the Chapter 13 trustee are refunded to the debtor (as the Third Circuit held in . . . → Read More: Supreme Court Decides Charles E. Harris, III, Petitioner v. Mary K. Viegelahn, Chapter 13 Trustee
FOR IMMEDIATE RELEASE: May 29, 2014
(WASHINGTON, D.C.) A Supreme Court decision yesterday will have serious repercussions for illegal online payday lenders who claim to be affiliated with a Native American tribe, according to National Consumer Law Center attorneys with expertise in payday lending and tribal sovereign immunity. Although the decision in . . . → Read More: Supreme Court Decision Strikes Blow against Tribal Online Payday Lenders
Supreme Court Denies Certiorari in Sinkfield – Chpt 7 lien strip case (Not password protected)
By William Houston Brown, Adviser/Editor, Academy for Consumer Bankruptcy Education
On March 4, in Justice Scalia’s unanimous opinion, Law v. Siegel,1 the Supreme Court held that the bankruptcy court exceeded its authority when it surcharged the Chapter 7 debtor’s homestead exemption for the payment of a portion of the trustee’s administrative expense. Although . . . → Read More: Surcharge of Exemption Violated § 522(k)