August 04, 2025
On a Split, the Deadline for Withdrawals Is 30 Days, not the 90 Days in Rule 9027
The time to withdraw a lawsuit to bankruptcy court is governed by a general federal statute that doesn’t refer to bankruptcy, not the Bankruptcy Rule that specifically governs withdrawals to bankruptcy cases, a district judge says.
Texas Northern DistrictAugust 01, 2025
A Final Order in a Contested Matter Isn’t Necessarily a ‘Final Order’ for Appeal
A Final Order in a Contested Matter Isn’t Necessarily a ‘Final Order’ for Appeal
California Central DistrictJuly 28, 2025
Forum Non Conveniens Applied When Chapter 15 Would Have Been a Better Fit
The Fourth Circuit’s nonprecedential opinion means that chapter 15 doesn’t have the exclusive remedy for enjoining U.S. litigation in cross-border bankruptcies.
4th CircuitJuly 24, 2025
Delaware’s Judge Silverstein Writes an Opinion with Stuff on Practice and Procedure
A trustee could sue on behalf of a dissolved Delaware corporation.
July 23, 2025
Second Circuit Courts Narrowly View Finality of Bankruptcy Appeals
A district court in New York holds that denial of a settlement motion is not final and not appealable.
New York Eastern DistrictJune 23, 2025
Retaining Jurisdiction Doesn’t Ensure Subject Matter Jurisdiction After Confirmation
Listing a lawsuit explicitly in a disclosure statement may not mean there’s a ‘close nexus’ to provide subject matter jurisdiction for an action brought in bankruptcy court after confirmation.
3rd Circuit, DelawareMay 15, 2025
Third Circuit Holds: Magistrate Judges May Issue Final Orders on Bankruptcy Appeals
The Third Circuit splits from Seventh and Tenth Circuit opinions dating from 1987 and 1990.
3rd CircuitMarch 21, 2025
Courts Divided on Broad or Narrow Grounds for Transferring Venue Under Section 1412
Some courts don’t transfer venue under 28 U.S.C. § 1412 if the claims are only ‘related to’ the bankruptcy and don’t arise in the bankruptcy case or arise under the Bankruptcy Code.
2nd Circuit, New York, New York Western DistrictMarch 19, 2025
Arbitration in Bankruptcy Isn’t All or Nothing, Judge David Cleary Says
Chicago’s Judge David Cleary called for post-confirmation arbitration of claims between the debtor and a creditor, but no arbitration for the creditor’s defenses, raising questions of bankruptcy law.
7th Circuit, Illinois, Illinois Northern DistrictMarch 12, 2025
District Court Doesn’t Say Whether ‘Person Aggrieved’ Survived Truck Insurance
District court upholds an ‘opt-out’ chapter 11 plan with releases for nondebtors.
8th Circuit