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US Supreme Court Docket

Supreme Court Docket

[Download January 12, 2008 Argument Calendar PDF]

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Travelers Indemn. Co. v. Bailey
No. 08-295


    Travelers Indemn. Co. v. Bailey



    Whether the court of appeals erred in categorically holding that bankruptcy courts do not have jurisdiction to enter
    confirmation orders that extend beyond the "res" of a debtor's estate, despite this
    Court's recent ruling that "[t]he Framers would have understood that laws 'on the
    subject of Bankruptcies' included laws providing, in certain respects, for more than
    simple adjudications of rights in the res," Central Virginia Community College v.
    , 546 U.S. 356, 370 (2006), and whether the court of appeals compounded this
    error by:

    (a) failing to apply as written a federal statute (11 USC §§ 524(g) and (h)), by
    limiting the scope of relief in a manner that is contrary to the express terms and
    purposes of that statute;

    (b) failing to give effect to the Supremacy Clause and holdings of this Court that
    federal bankruptcy relief cannot be overridden by rights alleged to have been
    created under state law; and

    (c) failing to respect important principles of finality and repose, and the express
    provisions of §524(g), by failing to approve a federal court's enforcement of a
    confirmation order that was affirmed over two decades ago on direct appeal.




    Coming Soon
Counsel of Record

For Petitioner:

Barry R. Ostrager
Simpson Thacher & Bartlett LLP
New York, NY

For Respondent:

Jacob C. Cohn
Philadelphia, PA


Oct | Nov | Dec | Jan | Feb | Mar | Apr | Unscheduled | Previous Terms


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