The Issuers of Stock Held Liable for Double-Pledge

Admin on August 30, 2021 Posted in Bankruptcy News, Blog

A Louisiana bankruptcy court, in the Karcredit LLC case, recently considered a case involving two lenders and one stock certificate. At the heart of the Karcredit case was a party who relied on a stock certificate to satisfy loan duties owed to another party. After a replacement certificate was reissued, one party relied on this […]

Third Circuit Decides Bankruptcy Case Addressing Sovereign Immunity

Admin on July 31, 2021 Posted in Bankruptcy News, Blog

Bankruptcy courts have long been overwhelmed with the question of how to apply sovereign immunity. The United States Supreme Court has issued some rulings about sovereign immunity, but has yet to write a definitive ruling about the issue. As a result, no definitive rulebook exists for how lower courts should interpret sovereign immunity issues. One […]

Exceptions to Discharge

Admin on July 17, 2017 Posted in Blog, Types of Debt in Bankruptcy

Imagine that Mike is driving his car on the highway. Mike is in a rush because he is late to his son’s graduation. In his haste, Mike accidentally cuts off Steve while Steve is trying to change lanes. This causes Steve’s car, which is a brand new Ferrari, to go out of control and slam […]

Stern v. Marshall

Admin on March 17, 2017 Posted in Bankruptcy Law, Blog

The 2011 United States Supreme Court ruling in the case of Stern v. Marshall has both a practical bankruptcy angle and Hollywood flair. That case concerned the longstanding litigation between Vickie Lynn Marshall, known to the public as Anna Nicole Smith, and Pierce Marshall, the son of Vickie Lynn Marshall’s former husband, J. Howard Marshall. […]