Bankruptcy | Judiciary.org

Supreme Court

A 27-year solitary confinement and a dispute about discharging settlement payments in bankruptcy

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether a prisoner’s 27-year period in solitary confinement violates either the Eighth Amendment or the 14th Amendment, and whether a settlement can include a provision in which a debtor agrees that any payments are non-dischargeable in bankruptcy.

Constitutional challenges to a 27-year solitary confinement

Dennis Wayne Hope has been in solitary confinement for 27 years since 1994. In Hope v. Harris, Hope … Read the rest

Civil Law

THE BANKRUPTCY COURT’S RULING IS IN: J&J’S TEXAS TWO-STEP DOES NOT CONSTITUTE A BAD FAITH FILING

Last week this author delved into what has become known as the “Texas Two-Step,” the arguments for and against its permissibility and the broader implications for the bankruptcy system. The discussion focused on an ongoing trial on motions filed in the bankruptcy case of LTL Management, LLC (“LTL” or the “Debtor”), a Johnson & Johnson (“J&J”) subsidiary, by the Official Committee of Talc Claimants and several other parties, seeking an order dismissing the Debtor’s case pursuant … Read the rest

Circuit Courts

Bankruptcy Filings Drop 24 Percent

Bankruptcy filings fell again for the 12-month period ending Dec. 31, 2021. A steady decline in filings has continued since the COVID-19 pandemic began.
Judiciary News – United States Courts… Read the rest

Supreme Court

Justices add new cases on bankruptcy, workers’ comp, and relief from final judgments

The Supreme Court on Monday morning added three new cases — involving bankruptcy law, civil procedure, and workers’ compensation — to its docket for the 2021-22 term. But the orders that the justices issued from their private conference on Jan. 7 were just as noteworthy for what they did not do: The court did not act on a pair of petitions challenging the consideration of race in the undergraduate admissions process at Harvard University and the University of North … Read the rest

Circuit Courts

Bankruptcy Filings Continue to Fall Sharply

Personal and business bankruptcy filings fell 29.1 percent for the 12-month period ending Sept. 30, 2021. A steady decline in filings has continued since the coronavirus (COVID-19) crisis began.
Judiciary News – United States Courts… Read the rest

Circuit Courts

Comments Invited on Regulations for Bankruptcy Trustee Payments

The bench, bar, and public have been asked to provide comments on proposed interim regulations for the administration of a new payment for trustees serving in Chapter 7 bankruptcy cases under the Bankruptcy Administration Improvement Act of 2020. The comment period runs from Aug. 30, 2021 to Sept. 17, 2021.
Judiciary News – United States Courts… Read the rest

Circuit Courts

Bankruptcy Filings Plunged to Lowest Number Since 1985

Personal and business bankruptcy filings plummeted 32.2 percent for the 12-month period ending June 30, 2021. The number of filings was the lowest in a 12-month period since 1985.
Judiciary News – United States Courts… Read the rest