A Common Thread In High Court Bankruptcy Cases This Term

Law360 (June 19, 2019, 1:35 PM EDT) -- While the two significant bankruptcy cases from this U.S. Supreme Court term — Taggart v. Lorenzen[1] and Mission Product Holdings Inc. v. Tempnology LLC[2] — may appear on the surface to involve entirely separate issues, there is in fact a common thread in the cases that may say something important about how the U.S. Supreme Court views bankruptcy law. The most important divide in modern bankruptcy jurisprudence is not between “liberals” and “conservatives” or even between “strict constructionists” and those who take a more “purposive” approach to statutory or constitutional interpretation. Rather, in bankruptcy law the modern debate is between two...

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