U.S. Taxpayers To Foot The Bill for Alabama’s and North Carolina’s Bankruptcy Unconstitutionally?! (In re Hammons)

Who is footing the bill? (Photo by Marilyn Swanson) By: Donald L Swanson On August 15, 2022, the Tenth Circuit Court of Appeals reinstates its prior In re Hammons opinion, which deals with remedies for unconstitutionally lower quarterly fees charged to bankruptcy debtors in Alabama and North Carolina.[Fn. 1] Opinion Points Check out these points from... Continue Reading →

First-Ever Bankruptcy Opinion Of U.S. Supreme Court — From Vol. 1 Of U.S. Reports? Not!

On a quest (photo by Marilyn Swanson) By: Donald L Swanson I’m on a curiosity-quest to find the first-ever U.S. Supreme Court opinion on the subject of bankruptcy. Excitement arises, for a moment, upon discovering Gibbs v. Gibbs, 1 U.S. 371 (1788).  After all, Gibbs v. Gibbs: deals with priority of a judgment lien, a fraudulent... Continue Reading →

A Justice Breyer Legacy: Erasing “Public Rights” From Lexicon Of Controlling Bankruptcy Law

Public rights? (photo by Marilyn Swanson) By: Donald L Swanson Justice Stephen G. Breyer is now retired from the U.S. Supreme Court, serving from August 3, 1994, to June 30, 2022. One of his legacies—and an exceedingly important one—is this: he has worked, successfully, to erase “public rights” from the lexicon of controlling bankruptcy law. What... Continue Reading →

Can § 363(m)’s Appeal Protections Be Waived? (Mall v. Transform)

Waived protections? (Photo by Marilyn Swanson) By: Donald L. Swanson Is the § 363(m) limit on appeal of a sale order “subject to waiver”? That’s the essential question before the U.S. Supreme Court in MOAC Mall Holdings LLC v. Transform Holdco LLC, Case No. 21-1270 (certiorari granted June 27, 2022). A deep circuit split exists on... Continue Reading →

High Costs Of Unconstitutionality, Potential Remedies, & Proposed Accountability (Siegel v. Fitzgerald)

Accountability? (Photo by Marilyn Swanson) By: Donald L Swanson It seems like a small thing: Chapter 11 debtors in two states paying lower quarterly fees thanChapter 11 debtors in the other 48 states. What’s the big deal?  Alabama and North Carolina throw a political hissy fit, three or four decades ago. They wanttheir own Bankruptcy Administrator... Continue Reading →

U.S. Constitution’s Bankruptcy Clause: On A Roll!

On a roll (photo by Marilyn Swanson) By: Donald L Swanson “The Congress shall have Power To . . . establish . . . uniform Laws on the subject of Bankruptcies throughout the United States.”  --U.S. Constitution’s Bankruptcy Clause (Art. 1, Sec. 8, cl. 4). An Old Losing Streak—Article III We all know about bankruptcy travails,... Continue Reading →

Precedential Value Of 1885 Supreme Court Opinion On Bankruptcy Discharge Issue? (Bartenwerfer v. Buckly)

Ancient tool with limited present value (photo by Marilyn Swanson) By Donald L. Swanson How much precedential value does an 1885 opinion of the U.S. Supreme Court deserve on a bankruptcy discharge issue? That’s a central question in the Petition for a Writ of Certiorari before the U.S. Supreme Court in Bartenwerfer v. Buckly, Case No.... Continue Reading →

Fruit Of A Rotten Tree: Bankruptcy Administrator Districts And U.S. Trustee Districts (Siegel v. Fitzgerald)

A healthy tree? (photo by Marilyn Swanson) By: Donald L Swanson Does a rotten tree produce good fruit?   That’s the bankruptcy issue before the U.S. Supreme Court in Siegel v. Fitzgerald, where the Question is this: “Whether the Bankruptcy Judgeship Act violates the uniformity requirement of the Bankruptcy Clause by increasing quarterly fees solely in... Continue Reading →

Justice Breyer: Fighting To The End (Badgerow v. Walters)

By: Donald L Swanson Justice Stephen G. Breyer is set to retire from the U.S. Supreme Court in a few months. But he’s not easing into retirement.  Instead, he’s out there swinging—fighting for his beliefs: trying to instruct / persuade current and future jurists on how the law should be applied. Justice Breyer’s latest punch is... Continue Reading →

Can A Pre-Bankruptcy Agreement Waive A Bankruptcy Discharge? (Arsenis v. Blue Cross)

Ignoring the issue? (photo by Marilyn Swanson) By: Donald L Swanson A Petition for certiorari is before the U.S. Supreme Court in Speech & Language Center, LLC, and Chryssoula Marinos-Arsenis v. Horizon Blue Cross Blue Shield of New Jersey (Case No. 21-1154, filed 2/16/2022). Petition’s Question The Question presented in the Petition is this: “Can parties... Continue Reading →

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