March 01, 2021
Circuits Split on Applying Derivative Jurisdiction to a Lack of Personal Jurisdiction
In a removed action, nationwide service under Bankruptcy Rule 7004 can give a district court personal jurisdiction, even though the state court would lack personal jurisdiction.
11th CircuitFebruary 22, 2021
Rule 54(b) Can’t Be Used to Certify an Interlocutory Appeal to the Circuit
Federal Rule 54(b) is not an alternative to 28 U.S.C. § 158(a)(3) and Bankruptcy Rule 8004 for certifying an interlocutory appeal.
11th CircuitFebruary 16, 2021
Amount of an Exemption Isn’t Required to Make an Order Final, Circuit Majority Says
Tenth Circuit majority believes that the grant or denial of an exemption is sufficient to make the order final, even if the bankruptcy court hasn’t ruled on the extent or amount of the exemption.
10th CircuitJanuary 25, 2021
Refusal to Arbitrate the Validity of a Security Interest Is Tersely Affirmed in California
Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?
9th Circuit, California, California Eastern DistrictDecember 08, 2020
Arizona District Judge: No Final Orders in Preference Suits Without a Claim or Consent
Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.
9th Circuit, ArizonaNovember 30, 2020
Court of Claims Rebuffs Puerto Rico Bondholders’ Claims of Unconstitutional Takings
Cutting off post-petition liens under PROMESA did not violate the Takings Clause.
1st CircuitNovember 03, 2020
Sixth Circuit Creates a Split: The 14-Day Deadline for an Appeal Is Not Jurisdictional
Impliedly overruling the law in five circuits, the Supreme Court changed the rules for deciding when a deadline is jurisdictional, the Sixth Circuit says.
6th CircuitOctober 26, 2020
Eleventh Circuit Finds Discretion to Disregard the Barton Doctrine
Is the Barton doctrine based on a lack of subject matter jurisdiction, or is it a prudential rule?
11th CircuitOctober 09, 2020
A Gaming License Isn’t ‘Property’ and Thus Can’t Be Fraudulently Transferred
A gaming license in Pennsylvania is a revocable ‘privilege.’
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictAugust 20, 2020
Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
10th Circuit