March 21, 2017

Delaware District Judge Issues Important Opinion on Third-Party Releases

Bankruptcy courts can’t issue final orders approving third-party releases in chapter 11 plans.

3rd Circuit, Delaware

March 16, 2017

False Claims Suits by Governments Are Not Halted by Bankruptcy

Bankruptcy court held to lack exclusive jurisdiction over exceptions to the automatic stay.

6th Circuit, Tennessee, Tennessee Middle District

February 24, 2017

Secured Creditors Need Not File Claims in Federal Receiverships, Circuit Holds

Opinion overlooks administrative problems when secured creditors don’t file claims.

11th Circuit

February 23, 2017

Loan Agreement Gives U.S. Court Jurisdiction over Foreign Bank Lender

Few U.S. connections required for ‘specific jurisdiction’ over a foreign lender.

2nd Circuit, New York, New York Southern District

February 01, 2017

Judge Neil M. Gorsuch: A Writer in the Style of Judges Easterbrook and Posner

Like late Justice Antonin Scalia, Judge Gorsuch is no fan of Dewsnup v. Timm.

January 17, 2017

Transferring Venue Isn’t Easier Just Because There Is Bankruptcy Jurisdiction

New York district judge keeps a lawsuit out of the hands of a Delaware bankruptcy judge.

2nd Circuit, New York, New York Southern District

January 13, 2017

Preference Law Held Not to Have Extraterritorial Application

New York’s Judge Bernstein delves into the splits on extraterritoriality.

2nd Circuit, New York, New York Southern District

January 09, 2017

Direct Circuit Review Isn’t Possible from Proposed Findings and Conclusions

A Stern-infected decision can’t be appealed directly to a court of appeals, the Eleventh Circuit says.

11th Circuit

January 06, 2017

On the Means Test, Fourth Circuit Allows Chapter 7 Debtors the Best of Both Worlds

Deadlines for direct appeal to the circuit are procedural, not jurisdictional.

4th Circuit

December 12, 2016

Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds

Fee issues are collateral, not affecting a final ruling on the merits.

11th Circuit