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Home
January 08, 2018
Bankruptcy Courts Aren’t ‘Courts’ and Don’t Have Power to Transfer
Don’t stretch bankruptcy jurisdiction when the statute of limitations is about to expire.
3rd Circuit
,
Delaware
November 24, 2017
Even ‘False’ Debts Are Discharged
Student loan lender’s argument was ‘preposterous,’ judge says.
5th Circuit
,
Texas
,
Texas Southern District
November 15, 2017
New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says
The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.
2nd Circuit
,
New York
,
New York Southern District
November 03, 2017
Creative Theory Fails to Give an Automatic Appeal from a Non-Core Interlocutory Order
Interlocutory orders by bankruptcy courts on non-core claims don’t give rise to immediate de novo review as proposed findings and conclusions.
1st Circuit
,
Maine
November 02, 2017
Interlocutory Orders Compelling Arbitration May Be Appealed with Permission
Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.
2nd Circuit
,
New York
,
New York Southern District
October 24, 2017
Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant
Millennium-like third-party releases were approved without reaching constitutional issues.
11th Circuit
October 09, 2017
Bankruptcy Court Finds Constitutional Power to Grant Releases in Confirmation Orders
Delaware bankruptcy judge disagrees with district court on final adjudicatory power to include third-party releases in confirmation orders.
3rd Circuit
,
Delaware
September 13, 2017
Transferring COMI to Avoid Liquidation Is Ok in Chapter 15
New York offers a chapter 15 home for foreign companies hoping to avoid liquidation.
2nd Circuit
,
New York
,
New York Southern District
August 23, 2017
‘Related To’ Jurisdiction Exists over Lien Dispute Between a Creditor and Its Lawyers
Delaying confirmation wasn’t grounds to abstain.
1st Circuit
,
Massachusetts
July 21, 2017
Jurisdiction Continues After Confirmation to Complete a Pending Lawsuit
Third Circuit says ‘related to’ jurisdiction can’t be destroyed by subsequent events.
3rd Circuit
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