August 18, 2020
No ‘Core’ Jurisdiction to Protect Nondebtors with Injunctions, N.Y. District Judge Says
New York district judge differs with the Third Circuit on a bankruptcy court’s constitutional power to issue nondebtor, third-party releases.
2nd Circuit, New York, New York Southern DistrictJune 09, 2020
Denial of a Claim Doesn’t Divest the Bankruptcy Court of Final Adjudicatory Power
More important law from Madoff: Filing a claim waives the right to a jury trial in district court even if the claim is denied or withdrawn, district judge rules.
2nd Circuit, New York, New York Southern DistrictJune 01, 2020
Supreme Court Finds No Appointment Clause Violation in Puerto Rico’s Oversight Board
The Supreme Court reversed the First Circuit, which had held that the Oversight Board violated the Appointments Clause because the members were not appointed by the President and confirmed by the Senate.
Supreme CourtMay 27, 2020
Supreme Court Ducks Equitable Mootness and Third-Party Releases
The case from the Third Circuit was not a good vehicle for granting certiorari on either issue, even though there is a circuit split on nonconsensual, third-party releases.
Supreme CourtApril 09, 2020
Suit by Foreign Liquidators Was Remanded to State Court
Delaware district judge permits remand when the suit was subject to mandatory abstention.
3rd Circuit, DelawareMarch 26, 2020
Ninth Circuit Creates a Legal Fiction to Uphold Recovery of an Unauthorized Transfer
Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.
9th CircuitFebruary 18, 2020
Bankruptcy Court Still Has Power to Enter Final Judgments by Default after Wellness
Failure to respond to a well-pleaded complaint implies consent for the bankruptcy court to enter final judgment in an avoidance action, Judge Glenn rules.
2nd Circuit, New York, New York Southern DistrictFebruary 17, 2020
Bankruptcy Court Had ‘Core’ Jurisdiction over Third-Party Dispute, Third Circuit Says
The bankruptcy court had ‘core’ jurisdiction over a dispute between two nondebtor third parties because the litigation involved the interpretation of a financing order.
3rd CircuitJanuary 31, 2020
U.S. Receivership Court Had No Jurisdiction over Foreign Liquidators
District judge decides that he lacked jurisdiction to enforce a cross-border protocol against foreign liquidators.
5th Circuit, Texas, Texas Northern DistrictJanuary 22, 2020
Reservation of Rights Won’t Prevent Waiver of Right to Jury Trial
The general rule in Langenkamp calling for the waiver of Seventh Amendment rights prevails over the unique facts of a case.
5th Circuit, Texas, Texas Western District