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SCS Credit Corp., 541 U.S. 465 (2004), was a decision by the United States Supreme Court regarding a cramdown in the value of a loan during a Chapter 13 bankruptcy. The "decision that had no majority opinion, four justices held that the proper rate was the 9.5 percent one arrived at by modifying the average national loan rate to make up for the ...
This is a list of Supreme Court of the United States cases in the area of bankruptcy. This list is a list solely of United States Supreme Court decisions about applying law related to bankruptcy. Not all Supreme Court decisions are ultimately influential and, as in other fields, not all important decisions are made at the Supreme Court level.
Clark v. Rameker, 573 U.S. 122 (2014), was a United States Supreme Court case in which the Court held that funds held in inherited Individual Retirement Accounts are not "retirement funds" within the meaning of and therefore not exempt from the bankruptcy estate.
The Bankruptcy Judge rejected these arguments. Marrama appealed to the Bankruptcy Appellate Panel for the First Circuit, which affirmed the lower court's ruling. [3] On appeal from the panel, the full First Circuit Court of Appeals affirmed, rejecting the argument that §706(a) gives a Chapter 7 debtor an absolute right to convert to Chapter 13 ...
Case history; Prior: In re 203 N. LaSalle St. Partnership, 126 F.3d 955 (7th Cir. 1997); cert. granted, 523 U.S. 1106 (1998).: Holding; A debtor's prebankruptcy equity holders may not, over the objection of a senior class of impaired creditors, contribute new capital and receive ownership interests in the reorganized entity, when that opportunity is given exclusively to the old equity holders ...
Stern v. Marshall, 564 U.S. 462 (2011), was a United States Supreme Court case in which the Court held that a bankruptcy court, as a non-Article III court (i.e. courts without full judicial independence) lacked constitutional authority under Article III of the United States Constitution to enter a final judgment on a state law counterclaim that is not resolved in the process of ruling on a ...
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Katz, 546 U.S. 356 (2006), is a United States Supreme Court case holding that the Bankruptcy Clause of the Constitution abrogates state sovereign immunity. It is significant as one of only three cases allowing Congress to use an Article I power to authorize individuals to sue states, the others being PennEast Pipeline Co. v.