May 1, 2015
by Marisa Rodrigues
JURIST Guest Columnist Harrison Thorne of UCLA School of Law discusses the role of bankruptcy courts in equity... Bankruptcy law, embodied in Title 11 of the United States Code (also known as "the Bankruptcy Code"), strives to balance the rights of creditors to receive payment for what they are ...[read more]
December 30, 2013
by Michael Roberts
Since the presidency of Theodore Roosevelt, antitrust efforts have played a major role in fostering corporate competition and preventing monopolies. Using a base of law set out by the Sherman Act, Clayton Act and Federal Trade Commission Act, government agencies work to protect consumers from ...[read more]
November 6, 2013
by Matthew Pomy
The city of Detroit on Tuesday asked Judge Steven Rhodes to approve a plan where the city will borrow $350 million in order to pay down interest rates and improve city services. The loan was approved by Barclays PLC but requires judicial approval under Chapter 9 of the Bankruptcy Code. The $350 ...[read more]
January 11, 2013
by Arjun Mishra
On January 11, 2011, the US Supreme Court ruled that debtors applying for a Chapter 13 bankruptcy cannot count a car as a deduction in their repayment arrangement if the debtor has already paid off the vehicle. Justice Elena Kagan authored her first opinion in the 8-1 decision in Ransom v. FIA ...[read more]
May 30, 2012
by Julia Zebley
The US Supreme Court ruled unanimously Tuesday in RadLAX Gateway Hotel, LLC v. Amalgamated Bank that debtors are not entitled to a "cramdown" plan including the sale of collateral that avoids a bank's lien. However, the court ruled that the bank is also not entitled to credit-bid at the sale. The ...[read more]
April 24, 2012
by Julia Zebley
The US Supreme Court heard oral arguments Monday in RadLAX Gateway Hotel, LLC v. Amalgamated Bank. The issue is whether a debtor may propose a Chapter 11 bankruptcy plan that sells unencumbered assets without allowing secured creditors to "credit bid," if they can provide the creditor with an ...[read more]
July 5, 2011
by Clay Flaherty
On July 5, 2009, a federal bankruptcy judge approved the sale of assets held by General Motors to a new, government-backed company. Judge Robert Gerber of the US Bankruptcy Court for the Southern District of New York granted a motion seeking the court's approval for sale of the automaker under US ...[read more]
January 5, 2011
by LaToya Sawyer
Archbishop Jerome Listecki announced Tuesday that the Archodiocese of Milwaukee will file for Chapter 11 bankruptcy protection as a result of financial strain from lawsuits over the clergy sex abuse scandals. The archdiocese's purpose in filing the petition is to achieve the dual goals of ...[read more]
March 23, 2010
by Jaclyn Belczyk
The US Supreme Court on Tuesday ruled unanimously in United Student Aid Funds, Inc. v. Espinosa that a bankruptcy court can discharge a student loan debt even if the student has not filed a claim of undue hardship under 11 USC 523. The ruling affirms a decision from the US Court... ...[read more]
October 19, 2009
by Safiya Boucaud
The Catholic Diocese of Wilmington Delaware on Sunday filed for Chapter 11 federal bankruptcy protection, one day before eight clergy sexual abuse trials were set to begin. The filing will delay the trials, which were scheduled to take place in the Kent County Superior Court. The lawyer ...[read more]

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