High Court Ducks Chance To Define Bankruptcy Courts' Power
By Maria Chutchian
Law360, New York (June 09, 2014, 7:14 PM ET) -- The U.S. Supreme Court on Monday cleared the way for bankruptcy litigation to proceed as usual when it affirmed bankruptcy judges' authority to tentatively rule on fraudulent transfer claims, but it ignored several other pressing questions and ultimately left the full scope of judges' power for another day.
The high court’s Arkison v. Executive Benefits Insurance Agency decision has produced a “sigh of relief among bankruptcy judges and practitioners,” according to Thomas M. Byrne of Sutherland Asbill & Brennan LLP. The court largely upheld the Ninth...