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April 27, 2018
Bankruptcy Court Has Constitutional Power to Sanction, Eighth Circuit Rules
Bankruptcy courts have constitutional power to sanction for actions occurring during administration of a bankruptcy case.
8th Circuit
April 26, 2018
Claims Located in the U.S. Make a Foreign Debtor Eligible for Chapter 15
The Second Circuit’s Barnet opinion on Section 109(a)’s requirement of property in the U.S. is satisfied by claims located in the U.S.
2nd Circuit
,
New York
,
New York Southern District
April 17, 2018
Granting or Denying a Homestead Exemption Remains a Final Order in the Ninth Circuit
Bullard did not undermine the automatic appealability of orders granting or denying homestead exemptions.
9th Circuit
March 30, 2018
Automatic Stay Doesn’t Apply to Enforcement of Maritime Liens, Ninth Circuit Says
Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.
9th Circuit
February 16, 2018
California District Judge Requires Property in the U.S. to File Chapter 15
A security retainer held by a foreign liquidator’s U.S. counsel satisfies the chapter 15 requirement of property in the U.S.
9th Circuit
,
California
,
California Northern District
February 12, 2018
Second Circuit Says Tenuous Connections Establish “Related To” Bankruptcy Jurisdiction
‘Plausibility’ evidently does not apply when pleading ‘related to’ bankruptcy jurisdiction.
2nd Circuit
January 19, 2018
Pursuing an Untimely Appeal Is Frivolous and Warrants Sanctions in the Fifth Circuit
Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.
5th Circuit
January 15, 2018
Third Circuit Pushes Back on Widespread Invocation of Rooker-Feldman
A federal court can undermine a state court judgment without offending Rooker-Feldman, Third Circuit says.
3rd Circuit
January 12, 2018
Bankruptcy Courts Cannot Impose Punitive Contempt Sanctions, District Judge Says
Circuits split on power of bankruptcy courts to impose punitive or criminal contempt sanctions.
2nd Circuit
,
Vermont
January 11, 2018
Extraterritoriality of Avoiding Powers Goes to the Second Circuit
A split of circuits will result if the Second Circuit does not reverse a Madoff decision.
2nd Circuit
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