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The Supreme Court heard two bankruptcy cases on Wednesday. The first case, Harris v. Viegelahn, asks whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the Chapter 13 trustee are refunded to the debtor (as the Third Circuit held in In re Michael), or distributed to creditors (as the Fifth Circuit held below).
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The Supreme Court heard two oral arguments in patent cases on Tuesday. I’m predicting the winners based on the method of counting up the number of questions.
The first case, Commil USA v. Cisco Systems, asks whether the Federal Circuit erred in holding that a defendant’s belief that a patent is invalid is a defense to induced infringement under 35 U.S.C. § 271(b). Justice...
The Supreme Court held only one oral argument on Monday. I’m predicting the winners based on the method of counting up the number of questions. After a very successful start of the Term (7 of 9 correct in the first month), my prediction percentage has slipped considerably to 52%, so you should take everything with a grain of salt.
The case Brumfield v. Cain asks (1) whether a...
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In a congressional hearing on Monday, Justices Breyer and Kennedy criticized the state of the...
On Tuesday, the Supreme Court heard oral argument in two consolidated cases related to the treatment of underwater mortgages in bankruptcy. I’m predicting the winners based on the method of counting up the number of questions.
Bank of America NA v. Caulkett asks “whether, under Section 506(d) of the Bankruptcy Code, which provides that ‘[t]o the extent that a lien...