- 28 U.S.C.
Stern v. Marshall
Jun
23
2011
Ruling
Bankruptcy court was not established under Article III and lacked subject matter jurisdiction to enter judgment on debtor's state tort counterclaim to creditor's defamation claim despite attempted statutory extension of jurisdiction under 28 U.S.C.S. § 157(b)(2)(C).
Procedural posture
Creditor brought an adversary proceeding against petitioner bankruptcy debtor for defamation and the debtor obtained a judgment on a counterclaim for tortious interference with an intended gift from the debtor's deceased spouse. Upon the grant of a writ of certiorari, the debtor challenged the judgment of the U.S. Court of Appeals for the Ninth Circuit which held that the bankruptcy court lacked jurisdiction to enter the judgment.
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Court
: U.S. Supreme Court
Ransom v. FIA Card Services
Jan
11
2011
Ruling
Debtor not entitled to deduct ownership expense on vehicle owned free and clear.
Procedural posture
Petitioner bankruptcy debtor proposed a plan which provided for payment to creditors from the debtor's disposable income which the debtor calculated by including a vehicle ownership expense, even though the debtor had no loan or lease payment for his vehicle. Upon the grant of a writ of certiorari, the debtor appealed the judgment of the U.S. Court of Appeals for the Ninth Circuit which upheld a denial of confirmation of the debtor's plan.
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Court
: U.S. Supreme Court
- 11 U.S.C.
Schwab v. Reilly
Jun
17
2010
Ruling
Chapter 7 trustee was not required to object to debtor chef's claimed exemptions in business equipment, valued in allowed range, in order to preserve the estate's right to retain any value in the equipment beyond the value of the exempt interest.
Procedural posture
Petitioner chapter 7 trustee moved to auction respondent debtor's business equipment, in which the debtor had claimed exemptions under 11 U.S.C.S. § 522(d)(5) and (6). The bankruptcy court denied the motion. A district court denied the trustee's request for relief, and the United States Court of Appeals for the Third Circuit affirmed. Certiorari was granted.
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Court
: U.S. Supreme Court
- 11 U.S.C.
Hamilton v. Lanning
Jun
07
2010
Ruling
Projected disposable income calculation should be presumed correct, but may be rebutted by evidence of a substantial change in circumstances.
Procedural posture
A bankruptcy court confirmed a chapter 13 plan, considering respondent debtor's actual income for "projected disposable income" (PDI) under 11 U.S.C.S. § 1325(b)(1)(B). An appellate panel and the U.S. Court of Appeals for the Tenth Circuit affirmed, holding that evidence of a substantial change in the debtor's circumstances could be used under a forward looking approach. Certiorari was granted on petitioner trustee's petition.
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Court
: U.S. Supreme Court
United Student Aid Funds Inc. v. Espinosa
Mar
23
2010
Ruling
Confirmation of chapter 13 plan that included discharge of student loan debt without finding of undue hardship was not void where creditor had notice and failed to object or appeal.
Procedural posture
The U.S. Court of Appeals for the Ninth Circuit held that confirming respondent Chapter 13 debtor's plan without finding undue hardship to discharge interest on a student loan under 11 U.S.C.S. § 523(a)(8) in an adversary proceeding did not render the order void under Fed. R. Civ. P. 60(b)(4), and that, although petitioner creditor was not served a summons, it had notice of the plan and failed to object. Certiorari was granted.
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Court
: U.S. Supreme Court
Milavetz Gallop & Milavetz P.A. v. United States
Mar
08
2010
Ruling
Law firms are "debt relief agencies" under BAPCPA and may not advise debtors to incur additional debt in contemplation of filing for bankruptcy.
Procedural posture
Petitioner attorneys brought actions against respondent United States seeking a declaration that the attorneys were not subject to the bankruptcy statutes relating to debt relief agencies. Upon the grant of a writ of certiorari, the attorneys and the government cross-appealed the judgment of the U.S. Court of Appeals for the Eighth Circuit which held that the provisions applied to the attorneys but a limitation on advice was unconstitutional.
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Court
: U.S. Supreme Court
- 28 U.S.C.
Travelers Indem. Co. v. Bailey
Jun
18
2009
Ruling
Injunction barring direct actions against insurers of asbestos products manufacturer issued by bankruptcy court more than two decades ago was not subject to jurisdictional attack.
Procedural posture
The Bankruptcy Court for the Southern District of New York found that a 1986 injunction in a debtor's reorganization plan, which barred actions against liability insurers of the debtor, applied to lawsuits brought directly against the insurers by claimants. Upon the grant of a writ of certiorari, the insurers appealed the judgment of the U.S. Court of Appeals for the Second Circuit which held that the claimants' lawsuits were not subject to the bankruptcy injunction.
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Court
: U.S. Supreme Court
Florida Dept. of Revenue v. Piccadilly Cafeterias Inc.
Jun
16
2008
Ruling
Exemption for state stamp tax did not apply to post-petition, pre-confirmation transfers.
Procedural posture
Petitioner state revenue department challenged a bankruptcy court's summary judgment in favor of respondent debtor, which granted an exemption under 11 U.S.C.S. § 1146(a) for assets transferred after it had filed for bankruptcy but before its chapter 11 plan was confirmed. The United States Court of Appeals for the Eleventh Circuit affirmed. Certiorari was granted to resolve a conflict among the circuits.
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Court
: U.S. Supreme Court
Travelers Cas. & Sur. Co. of Am. v. PG&E
Mar
20
2007
Ruling
Surety's contractual claim for attorney's fees incurred litigating bankruptcy law issues should have been allowed absent statutory exception.
Procedural posture
Petitioner, a workers' compensation surety, filed a claim in the bankruptcy of respondent debtor, the surety's insured, and litigated certain language in the debtor's reorganization plan. Upon the grant of a writ of certiorari, the surety appealed the judgment of the Ninth Circuit, which affirmed the disallowance of the surety's amended claim for contractual attorney fees incurred in the bankruptcy litigation.
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Marrama v. Citizens Bank
Feb
21
2007
Ruling
Denial of debtor's motion to convert to chapter 13 was an appropriate response to debtor's fraudulent conduct.
Procedural posture
Petitioner bankruptcy debtor filed a voluntary petition under chapter 7 and made a number of statements about his principal asset, a house in Maine, that were misleading or inaccurate. The debtor filed a notice of conversion to chapter 13 which was denied. On appeal, the First Circuit rejected the debtor's argument that 11 U.S.C. § 706(a) gave him an absolute right to convert to chapter 13. Certiorari was granted.
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Court
: U.S. Supreme Court