Supreme Court Justices' Take on Bankruptcy

SUPREME COURT JUSTICES What's Each of Their Takes on Bankruptcy? THE CURRENT ROSTER LEGEND Year Appointed Age Length of Term 1985 1990 1995 2000 2005 2010 Antonin 75 Scalia 25 Anthony Kennedy 23 75 Clarence Thomas 20 63 Ruth Bader Ginsburg 78 18 Stephen Breyer 17 72 John G. Roberts 56 Samuel Alito 61 Sonia 2 57 Sotomayor Elena 51 Kagan THE THOUGHTS THAT COUNT Name Stance Appointed by Recent Bankruptcy Opinions - Dissenting Sided with a bankrupt consumer attempting to shield some income from creditors. Antonin Scalia Republican: Reagan - Dissenting Sided with creditors attempting to set a monthly payment based on a debtor's past income and ignoring the debtor's current financial situation. Conservative - Majo Act of 1994 did not authorize the payment of bankruptcy attorneys by corporations going through Chapter 7 bankruptcy. Sided that the Bankruptcy Reform Anthony Kennedy Republican: Reagan Conservative Majority Sided that although a bankruptcy court is required to make an undue hardship determination before discharging student debt, the court's failure to do so is not a jurisdictional ground sufficient to reopen a final judgment. Clarence Thomas Republican: Bush Conservative - Majority Sided against allowing states to tax sales made during the beginning of a Chapter 11 bankruptcy proceeding. Ruth Bader Ginsburg **** - Majority Sided against a purely textual Democrat: Clinton reading of bankruptcy.code regarding employee compensation during bankruptcy. Liberal - Dissenting Sided for giving bankruptcy courts the power to make some state law judgements. Stephen Breyer Democrat: Clinton - Dissenting Sided for allowing states to tax sales made during the beginning of a Chapter 11 bankruptcy proceeding. Liberal Sided against giving bankruptcy - Majri courts the power to make some state law judgements. John G. Roberts Republican: W. Bush - Majority Sided against creditors attempting to set a monthly payment based on a debtor's past income and ignoring the debtor's current financial situation. Conservative - Majority Sided that claims involving attorney fees enforceable under applicable state law will be allowed in bankruptcy unless they are expressly disallowed. Samuel Alito AE Republican: W. Bush Conservative Majority Sided that a former employee's claim for early retirement benefits was not an administrative expense. Sonia Sotomayor Democrat: Liberal Obama Sided against a bankrupt consumer Elena Kagan attempting to shield some income from creditors. Democrat: Obama Liberal RIDING THE CIRCUIT Each justice is assigned to a lower circuit of courts. They attempt to hear as many cases as possible in these courts in addition to their workload at the U.S. Supreme Court in Washington D.C. Stephen Breyer Sonia Sotomayor Samuel Alito Elena Ruth Bader Kagan Ginsburg 8. Anthony Kennedy 10 John G. Roberts Antonin Scalia Clarence Thomas Sources: scotusblog.com/?p%3D7472 bankruptcylitigationblog.com abiworld.org/pdfs/Alitocasesfinal.pdf court.ontheissues.org/Court/Courf.htm law.cornell.edu/supct/justices/fullcourt.html oyez.org/cases/2000-2009/2003/2003 02 693 bankruptcylitigationblog.com/archives/18725-print.html scotusblog.com/2011/06/bankruptcy-courts-powers-pared-down/ blogs.wsj.com/washwire/2010/10/04/elena-kagan-begins-with-bankruptcy/ scotuswiki.com/index.php?title=United StudentAid_Funds%2C_inc. v. Espinosa sacramentobankruptcylawyerblog.com/2009/11/sonia-sotomayor-bankruptcy-rul.html bankruptcylawyeroh.com/2011/0T/us-supreme-court-issues-decision-in-bankruptcy-case shtml wikipedia.org/wiki/Travelers Casuaity_%26 Surety_Co. of_America_v._Pacific_Gas_%26 Elec._Co. abajournal.com/news/article/kagans_first_opinion_rejects_consumer_position_in_ bankruptcy_case scalia_is bloomberg.com/news/2011-07-12/ex-bearingpoint-directors-to-face-lawsuit-over-bankruptcy-in-state-court.html tock