December 16, 2024
Constitutional and Prudential Standing Survived Truck Insurance, Judge Kinsella Says
Did the notion of ‘prudential standing’ in bankruptcy cases survive Truck Insurance?
2nd Circuit, New York, New York Northern DistrictNovember 25, 2024
Purdue Creditors Given Derivative Standing to Sue the Sacklers
Bankruptcy Judge Sean Lane says that Delaware corporate law can’t prevent committees from having derivative standing.
2nd Circuit, New York, New York Southern DistrictNovember 22, 2024
Proceedings on a Confession of Judgment Can’t Be Removed as ‘Related To’
At least in New York, proceedings on a confession of judgment are neither a ‘claim’ nor a ‘cause of action’ and can’t be removed under 28 U.S.C. § 1452(a).
2nd Circuit, New York, New York Southern DistrictNovember 12, 2024
Judicial Immunity Can Protect a Trustee when Barton Doesn’t Apply, Circuit Says
When a trustee mistakenly seizes a nondebtor’s property, the Barton doctrine by itself doesn’t protect the trustee, but judicial immunity does.
11th CircuitNovember 08, 2024
Seventh Circuit Dismisses Based on ‘Person Aggrieved’ Without Citing Truck Insurance
A per curiam decision from the Seventh Circuit raises the question of whether Truck Insurance overruled ‘person aggrieved’ sub silentio.
7th CircuitNovember 07, 2024
A Plan Appeal Wasn’t Equitably Moot, Even Though Reversal Might Rejigger New Equity
A district court in Houston denied a motion to dismiss a confirmation appeal as equitably moot, although reversal might alter ownership of the reorganized debtor.
5th Circuit, Texas, Texas Southern DistrictOctober 28, 2024
Judge Goldblatt Engrafts the Standing Rules from Truck Insurance onto Chapter 7
At least with regard to standing for objections to claims, Delaware’s Judge Craig Goldblatt believes that the Truck Insurance standard for chapter 11 also applies in chapter 7.
3rd Circuit, DelawareOctober 15, 2024
Bankruptcy Court Can’t Have Exclusive Jurisdiction over Disputes from a Sale Order
A district judge in Indiana says that a bankruptcy court cannot have exclusive jurisdiction over disputes in the future except in the circumstances specified in Section 1334.
7th Circuit, Indiana, Indiana Northern DistrictOctober 08, 2024
Bankruptcy Judge Hursh Denies Arbitration over a Trustee’s Usury Claim
Arbitration was denied over a trustee’s claim objection based on the lender’s violation of state usury laws.
9th Circuit, MontanaOctober 07, 2024
Third Circuit Has a Broad View of ‘Related To’ Jurisdiction After Plan Confirmation
A post-confirmation lawsuit to generate funds to pay a chapter 13 plan establishes ‘related to’ jurisdiction for noncore claims.
3rd Circuit