Constitutional Preemption v. Unconstitutional Commandeering, at U.S. Supreme Court (Murphy v. NCAA & more)

By: Donald L. Swanson Sports gambling is always a sexy topic.  And the U.S. Supreme Court jumped in, recently, by overturning a federal statute that banned it. Supreme Court Opinion The Supreme Court’s opinion is anything but sexy.  One reporter says it is, “boring as #@!!” The opinion deals with issues of constitutional law.  But it’s not the... Continue Reading →

Fraudulent Transfers: U.S. Supreme Court Lets an Injustice Stand (Henry v. Weiss)

By: Donald L. Swanson The case is Henry & Buresh v. Weiss (Supreme Court Case No. 17-1210). The U.S. Supreme Court denied certiorari on May 29, 2018. This denial allows an injustice to stand, which is a travesty. I’ll try to explain. Facts Michael Bello was sole shareholder, director, and president of Walldesign, Inc. Over a... Continue Reading →

Defining and Illustrating “Statement Respecting Financial Condition” for Nondischargeability: U.S. Supreme Court (Appling Case)

By: Donald L. Swanson “a statement about a single asset can be a ‘statement respecting the debtor’s financial condition’ under §523(a)(2) of the Bankruptcy Code.” U.S. Supreme Court, Lamar, Archer & Cofrin, LLP v. Appling, Case No. 16-1215, June 4, 2018. One of the frequently-mediated types of disputes in bankruptcy is nondischargeability under 11 U.S.C. §... Continue Reading →

Crime & Punishment & Bankruptcy at U.S. Supreme Court (Lagos v. United States)

By: Donald L. Swanson It’s not every day that the U.S. Supreme Court makes a pronouncement on criminal law in the context of a bankruptcy case. But that’s what happened on Tuesday (May 29, 2018) in the Supreme Court’s Lagos v. United States opinion (Case No. 16-1519). Bankruptcy Facts On February 2, 2010, a trucking enterprise, USA... Continue Reading →

U.S. Supreme Court Upholds Arbitration–Again! What’s the Effect on Bankruptcy? (Epic Systems v. Lewis)

By: Donald L. Swanson Last week, the U.S. Supreme Court made its latest pronouncement upholding arbitration: Epic Systems Corp. v. Lewis, U.S. Supreme Court Case No. 16-285 (issued May 21, 2018). The pronouncement follows a long line of precedents upholding and enforcing arbitration agreements, founded on the Federal Arbitration Act. This article explores the Epic Systems v. Lewis decision... Continue Reading →

Resolving One “Actual Fraud” Nondischargeability Problem But Creating Another: U.S. Supreme Court in Husky International v. Ritz

By Donald L. Swanson Have you ever solved one problem but created another in the process?  That's, of course, not very helpful. But that’s exactly what the U.S. Supreme Court did a couple years ago in Husky International Electronics, Inc. v. Ritz, 136 S.Ct. 1581 (2016).  And ramifications continue, to this day, in a three-way split... Continue Reading →

Sports Gambling and U.S. Constitution: The Ball is Back in Congress’s Court (Murphy v. NCAA)

By: Donald L. Swanson Football fan: “You just cost me $1,000.” Coach Tom Osborne: “I didn’t make the bet.” Steven M. Sipple, Lincoln Journal Star, May 15, 2018. Question: Can Congress command a state’s lawmakers to outlaw sports gambling? Answer: The U.S. Supreme Court says: "No," Congress has no such authority under the U.S. Constitution; but Congress... Continue Reading →

“Public Rights” Doctrine for Bankruptcy Court Jurisdiction is Dead and Buried: Supreme Court’s Oil States Opinion

By Donald L. Swanson “Marley was dead, to begin with . . . dead as a doornail.” Charles Dickens, A Christmas Carol About a year ago, I published this linked article declaring, “the ‘public rights’ doctrine for bankruptcy court jurisdiction, while always tenuous, in now dead and buried.” Now, I’m restating that declaration—this time based on... Continue Reading →

Oral Arguments in Appling Case: Writing Requirement for Nondischargeability

By: Donald L. Swanson In our uncommonly vicious and partisan political culture, it’s refreshing to hear oral arguments at the U.S. Supreme Court on a non-partisan and apolitical issue.  Here’s one: --Oral arguments held on April 17, 2018, in the bankruptcy case of Lamar, Archer & Cofrin, LLP v. Appling, Case No. 16-1215 [here’s the transcript] .... Continue Reading →

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