U.S. Supreme Court

The United States Supreme Court held in BFP v. Resolution Trust, that properties sold at “force-sale” mortgage foreclosure sales properly conducted pursuant to a state’s foreclosure statute are presumed
Continue Reading Not all Forced-Sale Mortgage Foreclosures are Exempt from Avoidance as Fraudulent Transfers Under Section 548 – a Case Study Regarding Application of Supreme Court’s BFP Factors to State Tax Sale Statutes

In proceedings arising out of the Tribune Company chapter 11 bankruptcy and a decision in which the United States Court of Appeals for the Second Circuit sustained the dismissal of
Continue Reading US Supreme Court Requests Solicitor General Input on Petition for Certiorari Related to Transfers Involving Financial Institutions

Earlier this week, the United States Supreme Court issued an opinion regarding appeals of orders denying relief from the automatic stay.  Generally, the automatic stay (section 362 of the Bankruptcy
Continue Reading U.S. Supreme Court Confirms That Stay Relief Orders Must Be Appealed Right Away

On March 5, 2018, the Supreme Court issued an opinion in U.S. Bank Nat’l Ass’n v. Village at Lakeridge, LLC, which addressed a single question: Whether the Ninth Circuit
Continue Reading Supreme Court’s Recent Ruling in Lakeridge Provides Little Guidance on Evaluating Creditors as Non-Statutory Insiders