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ABI Journal

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 District

August 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 District

July 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The Fourth Circuit’s nonprecedential opinion means that chapter 15 doesn’t have the exclusive remedy for enjoining U.S. litigation in cross-border bankruptcies.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 Circuit

July 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 District

June 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, Delaware

May 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 Circuit

March 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 District

March 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 District

March 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