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ABI Journal

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 District

November 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 District

November 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 District

November 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 Circuit

November 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 Circuit

November 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 District

October 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, Delaware

October 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 District

October 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, Montana

October 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