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ARTICLE · 10 JUNE 2020

From The Top In Brief

Jones Day
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The U.S. Supreme Court recently handed down three rulings potentially impacting bankruptcy cases.

United StatesInsolvency/Bankruptcy/Re-Structuring
Brad Erens
Brad Erens
Mark Douglas
Mark Douglas
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The U.S. Supreme Court recently handed down three rulings potentially impacting bankruptcy cases.

Nunc Pro Tunc Relief

In Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, No. 18-921, 2020 WL 871715 (U.S. Feb. 24, 2020), the Court circumscribed the use of nunc pro tunc ("now for then") orders that make relief ordered by a court apply retroactively to an earlier point in time.

The Catholic Church in Puerto Rico terminated a pension plan for employees of its school. A commonwealth trial court entered a judgment directing the church to pay $4.7 million and ordered seizure of its assets to satisfy the judgment. The Puerto Rico Supreme Court affirmed the trial court, and the Catholic Church appealed that decision to the U.S. Supreme Court. The problem was that, before the trial court entered its orders, the church had removed the litigation to federal district court, arguing that the case was related to a bankruptcy case that had been filed by

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