January 13, 2023
Interference with state regulators can compel a bankruptcy court to abstain, even if abstention was not required under 28 U.S.C. § 1334(c).
5th Circuit
December 07, 2022
The justices seem inclined to hold that Section 363(m) is not jurisdictional, if they first decide that the appeal is not moot.
Supreme Court
October 21, 2022
The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.
2nd Circuit
September 16, 2022
Foreign creditors not subject to ‘specific personal jurisdiction’ in the U.S. can violate the automatic stay with impunity.
7th Circuit
September 02, 2022
Third Circuit says: You can object to a Rule 2004 discovery motion or move to quash a subpoena under Federal Rule 45, but not both.
3rd Circuit
September 01, 2022
The Third Circuit opinion by Thomas Ambro explained that the ‘close nexus’ test does not apply when a post-conformation dispute is ‘core’ or entails enforcing a court order.
3rd Circuit
August 25, 2022
A local government removed a lawsuit to bankruptcy court, but the bankruptcy judge turned around and slam-dunked the government for violating the plaintiff’s Fourteenth Amendment rights.
2nd Circuit, New York, New York Eastern District
August 16, 2022
The Seventh Circuit doesn’t accept a debtor’s asset schedules as gospel in deciding whether there is appellate standing.
7th Circuit
August 15, 2022
Res judicata can bar a claim in a later lawsuit if it wasn’t raised in bankruptcy court, given a bankruptcy court’s broad jurisdiction.
6th Circuit
