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 →

Justice Breyer’s Upcoming Retirement: The Bankruptcy World Will Miss Him

A Justice Breyer opinion at the U.S. Supreme Court -- Stern v. Marshall By Donald L. Swanson In a few months, Justice Stephen G. Breyer is set to retire from the U.S. Supreme Court. The bankruptcy world will miss him. The reason for discussing this subject now (instead of waiting for the retirement to actually happen)... Continue Reading →

In re Fulton: Not The Last Word Under § 362(a) Or § 542(a)! (Cordova v. City of Chicago)

City of Chicago (photo by Marilyn Swanson) By: Donald L Swanson The U.S. Supreme Court, in its Fulton v. City of Chicago opinion, let Chicago off the automatic stay hook for holding onto impounded vehicles owned by Chapter 13 debtors. But Fulton is not the last word on that subject. The new opinion is Cordova, et al. v. City of Chicago,... Continue Reading →

How Alabama and North Carolina Defy The U.S. Constitution — And Get Away With It (US Trustee v. Bast Amron)

A disconnect? (photo by Marilyn Swanson) By Donald L. Swanson Every now and then, (i) something is blatantly obvious, but (ii) those in charge insist that what seems obvious is actually false.  Such a disconnect breeds distrust.   That’s precisely what exists in our bankruptcy system.  The U.S. Constitution requires that bankruptcy laws be “uniform .... Continue Reading →

U.S. Supreme Court: Flip-Flopping On Constitution’s Bankruptcy Clause

Flip-Flopping (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. Const., Article I, §8, cl. 4). Once upon a long time ago, the U.S. Constitution’s Bankruptcy Clause, and its “uniform Laws” requirement,... Continue Reading →

Constitutionality of U.S. Trustee v. Administrator Programs (Siegel v. Fitzgerald)

Uniformity (photo by Marilyn Swanson) By: Donald L Swanson The United States of America is asking the U.S. Supreme Court to rule on the constitutionality of having U.S. Trustees in 88 judicial districts and Bankruptcy Administrators in 6 judicial districts. What follows is a summary of the U.S. Trustee’s explanation of the constitutionality issue in a... Continue Reading →

Debtors In Bankruptcy: The “Criminals” Of Olde (Wood v. Owings)

Title page of U.S. Supreme Court's 1803 opinion, Wood v. Owings By Donald L. Swanson “The committing an act of bankruptcy is, in law, considered as criminal. The bankrupt law is, therefore, in this respect, to be construed strictly.” This quotation is a punch line from the very first opinion by the U.S. Supreme Court on... Continue Reading →

Ending The Tragedy Of Debtors Prison (U.S. Supreme Court — Beers v. Haughton)

Imprisoned in a Safari Park (photo by Marilyn Swanson) By: Donald L Swanson Bankruptcy laws must (and do) change.  That’s because the U.S. economy is always changing: it has been in an ever-expanding mode—punctuated by recessions and depressions from time-to-time—throughout the course of its existence. One example of change is abolition of the debtors prison remedy.... Continue Reading →

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