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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.
Marrama's argument was that he had an absolute right to convert his case from Chapter 7 to Chapter 13 under the plain language of §706(a) of the Code. [ 6 ] Citizens Bank argued that the statute uses the word “may” rather than “shall,” leaving room for the courts, in their discretion, to construe a "bad faith" exception to the general ...
It looks like brick and mortar book stores will be taking a giant step closer to extinction this month, as Borders is expected to declare bankruptcy, close up to 150 stores, and lay off thousands.
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Case history; Prior: Bartenwerfer v. Buckley, 860 Fed. App’x. 544 (9th Cir. 2021) Questions presented; Whether an individual may be subject to liability for the fraud of another that is barred from discharge in bankruptcy under 11 U.S.C. § 523(a)(2)(A), by imputation, without any act, omission, intent or knowledge of her own. Holding
After price slashing and downsizing and countless "Store Closing" sales, the last word is that the venerable bookseller is asking the bankruptcy court to accept a Borders Books' Unhappy Ending ...