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2015 Supreme Court Bankruptcy Cases | Part 1 of 6

Orange County Bankruptcy Attorneys

2015 Supreme Court Bankruptcy Decisions2015 Bankruptcy Decisions

2015 was a busy year for the United States Supreme Court.  Among other decisions, the Court ruled that states may still use drugs to carry out death sentences, that the Constitution guarantees a right to same sex marriages, and that President Obama’s health care law may provide nationwide tax subsidies to help the people obtain health insurance.   However, behind these monumental decisions were five cases involving bankruptcy.

The cases were:

Wellness Int’l Network, Ltd. v. Sharif

Whether Article III of the Constitution permits bankruptcy judges to adjudicate Stern or state law claims with the parties’ knowing and voluntary consent.

Bullard v. Hyde Park Savings Bank

Whether a bankruptcy court order denying confirmation of a debtor’s proposed plan is a final order that can be appealed immediately.

Harris v. Veigelahn

Whether, undistributed funds held by a Chapter 13 trustee, after confirmation of the Chapter 13 plan, must be refunded to the Debtor if the case is converted to Chapter 7 in good faith.

Caulkett v. Bank of America, N.A.

Whether a Debtor in Chapter 7 bankruptcy may void a junior mortgage lien if the debt owed on the senior lien is greater than the value of the collateral under 11 U.S.C. Section 506(d).

Baker Botts, LLP v. ASARCO, LCC

Whether the Bankruptcy Code permits bankruptcy courts to award fees associated with defending a fee application under 11 U.S.C. Section 327(a)

In this 6 part series, we will discuss each case and how they affect the players in a bankruptcy proceeding including judges, attorneys, debtors and creditors.

Supreme Court Decisions: