Search : U.S. Supreme Court : Bankruptcy Law : From 10/01/03 To 07/01/04
Number of summaries found: 6
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| Court: | U.S. Supreme Court |
| Topic: | Bankruptcy Law |
| Title: | TILL v. SCS CREDIT CORP. |
| Date: | 05/17/04 |
| Case Number: | 02-1016 |
| Summary: | Four justices conclude that the "prime-plus" or "formula rate" best meets the purposes of the Bankruptcy Code's cram down provision; because the proposed 9.5% interest rate is higher than the risk-free rate, it is sufficient to account for the time value of money, which is all 11 U.S.C. section 1325(a)(5)(B)(ii) requires. |
| Court: | U.S. Supreme Court |
| Topic: | Bankruptcy Law, Education Law |
| Title: | TENNESSEE STUDENT ASSISTANCE CORP. v. HOOD |
| Date: | 05/17/04 |
| Case Number: | 02-1606 |
| Summary: | Bankruptcy court's discharge of a student loan debt guaranteed by a state entity does not implicate the state's Eleventh Amendment immunity; the Court declines to decide whether a bankruptcy court's exercise of personal jurisdiction over a State would be valid under the Eleventh Amendment. |
| Court: | U.S. Supreme Court |
| Topic: | Bankruptcy Law, Corporation & Enterprise Law, Tax Law |
| Title: | US v. GALLETTI |
| Date: | 03/23/04 |
| Case Number: | 02-1389 |
| Summary: | The proper tax assessment against a partnership suffices to extend the statute of limitations to collect the tax in a judicial proceeding from the general partners who are liable for the payment of the partnership's debts. Once a tax has been properly assessed, nothing in the Internal Revenue Code requires the IRS to separately assess the same tax against individuals who are not the actual taxpayers but are, by reason of state law, liable for the taxpayer's debt. |
| Court: | U.S. Supreme Court |
| Topic: | Bankruptcy Law, ERISA, Labor & Employment Law |
| Title: | RAYMOND B. YATES, M.D., P.C. PROFIT SHARING PLAN v. HENDON |
| Date: | 03/02/04 |
| Case Number: | 02-458 |
| Summary: | The working owner of a business may qualify as a "participant" in a pension plan covered by ERISA. If the plan covers one or more employees other than the business owner and his or her spouse, the working owner may participate on equal terms with other plan participants; such a working owner qualifies for the protections ERISA affords plan participants and is governed by the rights and remedies ERISA specifies. Remanded with instructions regarding issue of loan repayments. |
| Court: | U.S. Supreme Court |
| Topic: | Bankruptcy Law |
| Title: | LAMIE v. US TRUSTEE |
| Date: | 01/26/04 |
| Case Number: | 02-693 |
| Summary: | Bankruptcy Code section 330(a)(1) does not authorize compensation awards to debtors' attorneys from estate funds, unless they are employed as authorized by section 327. To be paid from estate funds under section 330(a)(1) in a chapter 7 case, the attorney must be employed by the trustee and approved by the court. |
| Court: | U.S. Supreme Court |
| Topic: | Bankruptcy Law, Civil Procedure |
| Title: | KONTRICK v. RYAN |
| Date: | 01/14/04 |
| Case Number: | 02-819 |
| Summary: | A debtor forfeits the right to challenge a creditor's objection to discharge as untimely under Federal Rule of Bankruptcy Procedure 4004 if the debtor does not raise that rule's time limitation before the bankruptcy court reaches the merits of the creditor's objection to discharge. |