Sanders v. Muhs (In re Muhs), No. 10-01008, 2011 WL 3421546 (Bankr. S.D. Tex,...
In Sanders v. Muhs (In re Muhs),[ii] the United States Bankruptcy Court for the Southern District of Texas held that a debtor’s right to discharge its debt and the amount of debt that is excepted from...
View ArticleIn re Salander O’Reilly Galleries 453 B.R. 106, (S.D.N.Y. Jul. 18, 2011)
The debtor in Salander was a Manhattan art gallery that had obtained financing from a bank, allegedly secured by a blanket lien on all of the debtor’s assets. Approximately a year and a half before the...
View ArticleIn re Blixseth, No. 10-00088, 2011 WL 3274042 (Bankr. D. Mont. Aug. 1, 2011)
In Samson v. Blixseth, the Bankruptcy Court for the District of Montana determined sua sponte that it did not have constitutional authority to hear a core adversary proceeding to set aside certain...
View ArticleStern v. Marshall: How Big Is It?
On June 23, 2011, the Supreme Court ruled 5-4, in an opinion by Chief Justice Roberts, that a Bankruptcy Judge lacked constitutional authority to issue a final ruling on state law counterclaims by a...
View ArticleSpecial Features – Stern v. Marshall
On June 23, 2011, the Supreme Court issued an opinion in Stern v. Marshall, the well-known case involving the estate of former model Vickie Lynn Marshall (more famously known as Anna Nicole Smith) and...
View ArticleIn re Canopy Financial, Inc., Case No. 11-A-581, 2011 WL 3911082 (N.D. Ill....
Fraudulent transfer claims were under review again in Paloian v. American Express Co., (In re Canopy Financial, Inc.), where the Northern District of Illinois held that the bankruptcy court is...
View ArticleDevelopment Specialists, Inc. v. Akin Gump Strauss Hauer & Feld LLP, No. 11...
The plan administrator for the estate of Coudert Brothers, LLP filed with the bankruptcy court thirteen separate adversary proceedings against ten law firms alleging that the law firms were liable to...
View ArticleCoudert Brothers Trust v. Baker & McKenzie, et al., No. 11-2785, 2011 U.S....
In Coudert Brothers, the Southern District of New York considered whether the parties impliedly consented to the bankruptcy court’s entry of a final order determining non-core claims it otherwise...
View ArticleOrtiz v. Aurora Health Care, Inc. (In re Ortiz), No. 10-3465 (7th Cir. Dec....
The Seventh Circuit Court of Appeals dismissed the debtors’ appeal of the bankruptcy court’s dismissal of the debtors’ state law counterclaims because the bankruptcy court lacked authority to enter a...
View ArticleAmended Standing Order of Reference, 12 Misc. 00032 (S.D.N.Y. Jan. 31, 2012).
On January 31, 2012, Southern District of New York Chief Judge Loretta A. Preska issued an Amended Standing Order of Reference, providing that (i) bankruptcy judges may submit proposed findings of fact...
View Article
