February 08, 2019
Seventh Circuit Makes Stays Pending Appeal Automatic in Mortgage Foreclosures
The Seventh Circuit’s opinion interpreting the amendment to Rule 62 is nonprecedential and prompted a dissent, and it may apply only in some states.
7th CircuitFebruary 07, 2019
Fifth Circuit Declines to Expand Equitable Mootness Beyond Plan Confirmation
An appeal from an integrated sale and settlement can be dismissed under Section 363(m), the Fifth Circuit says.
5th CircuitFebruary 04, 2019
‘Stern’ Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U.S.C. § 1291
Ninth Circuit says that Section 158(d)(1) isn’t an appeals court’s jurisdiction over a ‘Stern’ matter.
9th CircuitJanuary 30, 2019
The Jay Alix/McKinsey Spat Reaches the Supreme Court
The Jay Alix certiorari petition asks the high court to resolve a circuit split and say whether vindicating the public interest confers appellate standing.
Supreme CourtJanuary 24, 2019
The Emily Litella Principle Governs the Withdrawal of Proofs of Claim
Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.
2nd Circuit, New York, New York Southern DistrictJanuary 11, 2019
Important Tenth Circuit Concurring Opinion Expounds on ‘Prudential’ Standing
A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’
10th CircuitDecember 07, 2018
A Lack of ‘Stern’ Jurisdiction Bars a Transfer Under 28 U.S.C. § 1631
Third Circuit makes a fine distinction regarding bankruptcy courts as ‘courts of the U.S.’
3rd CircuitNovember 16, 2018
Which Venue Transfer Statute Applies to Non-Core Suits in District Court?
Judge in Dallas lays out the procedure for transferring venue from a district court to a bankruptcy court in another district.
5th Circuit, Texas, Texas Northern DistrictOctober 17, 2018
New York and Delaware Agree: Releases Are Constitutionally Ok in Confirmation Orders
Chief District Judge in New York rules that ‘core’ jurisdiction includes non-consensual, third-party releases in confirmation orders.
2nd Circuit, New York, New York Southern DistrictSeptember 25, 2018
District Court Finds Constitutional Power to Grant Releases in Confirmation Orders
Delaware district judge rules that the bankruptcy court has final adjudicatory power to include third-party releases in confirmation orders.
3rd Circuit, Delaware