Unfinished Business: SCOTUS Grants Certiorari On More Stern V. Marshall Issues

By | Creditors' Sidebar | July 24, 2014
Unfinished Business:  SCOTUS Grants Certiorari On More Stern V. Marshall Issues

If a time-traveler had visited me in the mid-1990s and told me that I would attend law school, I wouldn’t have believed it.  If that visitor told me that I would graduate and subsequently become a bankruptcy lawyer, I would have said “that’s an oddly-specific prediction, but I still don’t believe you.”  If the time-traveler then told me that the 1996 bankruptcy of then-model/actress Anna Nicole Smith would haunt me and other bankruptcy lawyers with vexing constitutional questions for the ensuing 20 years, and would entail three (and counting!) trips to the Supreme Court, I would have checked myself into a mental institution.

Arbitration of ERISA Benefit Claims in Lieu of Judicial Review

The U.S. Supreme Court has recently upheld arbitration provisions in various contexts — an employment agreement in Rent-A-Center, West, Inc. v. Jackson, a consumer contract with a cell phone service provider AT&T Mobility LLC v. Concepcion, and a merchant agreement with a credit card company in American Express Co. v. Italian Colors Restaurant.

U.S. Supreme Court’s Ruling On Argentine Debt Has Worldwide Implications for Foreign Investment and Debt Restructuring

By | Latin American Blog | July 23, 2014
U.S. Supreme Court’s Ruling On Argentine Debt Has Worldwide Implications for Foreign Investment and Debt Restructuring

The United States Supreme Court denied Argentina’s request for review of a Second Circuit court order that requires Argentina to pay nearly $1.4 billion by July 30 to certain holdout bondholders that did not participate in debt restructurings after Argentina’s 2001 sovereign debt default. 

Supreme Court Bank Fraud Decision Offers Prosecutors a Second Act in Financial Crisis Prosecutions

By | Subject to Inquiry | July 22, 2014
Supreme Court Bank Fraud Decision Offers Prosecutors a Second Act in Financial Crisis Prosecutions

Amidst a string of high-profile decisions released at the end of the Supreme Court’s most recent term, one under-the-radar decision may have far-reaching effects in the white collar world. Loughrin v. United States dealt with a narrow question of statutory construction in the federal bank fraud statute 18 U.S.C. §1344.