June 26, 2023

Sixth Circuit Staunches the Spread of Equitable Mootness to Chapter 7

Two judges on the Sixth Circuit cast doubt on the validity of the doctrine of equitable mootness, even in chapter 11 reorganizations.

6th Circuit

June 22, 2023

No Bankruptcy Jurisdiction for a Settlement that Contradicts a Chapter 11 Plan

Fifth Circuit finds no bankruptcy jurisdiction to approve a settlement after confirmation that contradicts the chapter 11 plan.

5th Circuit

June 13, 2023

J&J, Redux: Bankruptcy Court Dismissed 3M Subsidiary’s Chapter 11 Case

Indianapolis Bankruptcy Judge Jeffrey Graham says that the bankruptcy court cannot become “another court of general jurisdiction.”

7th Circuit, Indiana, Indiana Southern District

June 05, 2023

As if by Magic, Section 1412 Transforms an Improper Venue into a Proper Venue

A judge sitting in a proper venue may transfer venue to a district that was improper originally.

6th Circuit, Tennessee, Tennessee Eastern District

May 15, 2023

‘Person Aggrieved’ Isn’t the Proper Standard for Bankruptcy Appeals, Circuit Says

Ninth Circuit says that the ‘person aggrieved’ standard for appellate standing was superseded by Article III standing on adoption of the Bankruptcy Code in 1978.

9th Circuit

May 12, 2023

Courts May Bypass Equitable Mootness to Rule on the Merits, Fifth Circuit Says

Even if an appeal is equitably moot, the appellate court nonetheless has appellate jurisdiction. Equitable mootness is prudential, not jurisdictional.

5th Circuit

May 10, 2023

Denial of Withdrawal of the Reference Isn’t a Final, Appealable Order, Circuit Says

An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.

10th Circuit

May 08, 2023

Disagreement on Bankruptcy Court’s Jurisdiction to Give ‘Innocent Spouse’ Relief

Bankruptcy Judges Marvin Isgur and Gregory Taddonio disagree on whether the bankruptcy court has subject matter jurisdiction to grant ‘innocent spouse’ relief to a debtor.

3rd Circuit, Pennsylvania, Pennsylvania Western District

May 01, 2023

Claim Isn’t Disallowed if the ‘Statute’ Lapses After the Claim Is Filed

Judge Goldblatt of Delaware wrote an opinion where the answer was self-evident but there was no authority on point.

3rd Circuit, Delaware

April 19, 2023

Supreme Court Holds: § 363(m) Isn’t Jurisdictional; It’s a Limitation on Appellate Relief

The Supreme Court’s MOAC decision contains language casting doubt on the validity of the doctrine of equitable mootness.

Supreme Court