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ABI Journal

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 Circuit

February 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 Circuit

February 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 Circuit

January 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 District

December 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, Arizona

November 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 Circuit

November 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 Circuit

October 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 Circuit

August 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