Each year, the U.S. Supreme Court declines to hear dozens of bankruptcy cases, leaving important legal questions unanswered and lower court rulings in place. This panel examines significant bankruptcy decisions for which certiorari was denied, exploring the unresolved issues they leave behind and the practical impact on bankruptcy practitioners and stakeholders. The panelists discuss how the Supreme Court evaluates petitions for certiorari, the factors that influence whether review is granted, and emerging bankruptcy issues that may be poised for future Supreme Court consideration. Attendees gain insight into developing areas of bankruptcy law and the implications of a Court that often chooses not to weigh in.
Learning Objectives:
- Attendees will understand the criteria and considerations the U.S. Supreme Court uses when deciding whether to grant or deny certiorari in bankruptcy cases.
- Attendees will examine significant bankruptcy cases in which certiorari was denied and assess the practical implications of those decisions on bankruptcy law and practice.
- Attendees will identify unresolved bankruptcy law issues and emerging legal questions that may be candidates for future Supreme Court review.