Skip to main content
ABI Journal

February 04, 2022

Opinion Shows the Fault in Barring Barton Protection When a Case Is Closed

The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.

11th Circuit, Florida, Florida Southern District

December 17, 2021

Fifth Circuit Has Rigid Standards for Chapter 7 Debtors to Have Standing to Appeal

An individual chapter 7 debtor has standing to appeal if the appeal could affect the debtor’s right to a discharge.

5th Circuit

December 08, 2021

Delaware Bankruptcy Judge Dismisses a Lawsuit for Forum Non Conveniens

Although a chapter 11 plan can bind parties throughout the world, Judge Sontchi wouldn’t let a foreign debtor sue a foreign bank in the Delaware bankruptcy court over a transaction that occurred in England.

3rd Circuit, Delaware

November 22, 2021

Johnson & Johnson Venue Transferred from North Carolina to New Jersey

Deciding to transfer venue, a North Carolina bankruptcy judge said that the debtor underwent a corporate restructuring ‘purely for the purpose of filing bankruptcy.’

4th Circuit, North Carolina, North Carolina Western District

November 12, 2021

A Purdue Suit Against Insurance Carriers Stays in Bankruptcy Court, for Now

Insurance coverage disputes are ‘routinely resolved in summary judgment,’ counseling against immediate withdrawal of the reference of a non-core lawsuit, district judge says.

2nd Circuit, New York, New York Southern District

November 04, 2021

Denial of a Motion to Convert from ‘11’ to ‘7’ Is Not Final and Thus Not Appealable

Until now, there has been surprisingly little precedent directly on point to say that denial of a motion for conversion from chapter 11 to chapter 7 is not a final order subject to appeal

9th Circuit, California, California Eastern District

November 03, 2021

Eleventh Circuit Says Section 363(m) Even Moots Appeals Not Properly Authorized

In a concurrence, Circuit Judge Jordan questions whether rollups are permitted under Eleventh Circuit authority.

11th Circuit

October 29, 2021

Priest Lacked Standing to Raise a Claim Objection to Clear His Name of Sexual Abuse

Standing has three components: statutory standing, constitutional standing and prudential standing, Judge Thuma explains.

10th Circuit, New Mexico

October 15, 2021

Supreme Court Update: Equitable Mootness Not Ready for Prime Time

An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.

Supreme Court

October 12, 2021

A Seemingly Final Order in a Larger Contested Matter Isn’t Final, Ninth Circuit BAP Says

Bankruptcy Judge Christopher Klein explains appellate jurisdiction, finality, cumulative finality and mislabeled motions for reconsideration.

9th Circuit