December 08, 2016

‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction

Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.

3rd Circuit, Delaware

December 05, 2016

Serving a Complaint on a Bank by Ordinary Mail Is a Nullity

Without service by certified mail, a bank is not compelled to respond to a complaint.

2nd Circuit, New York, New York Eastern District

December 01, 2016

Cutting Off Medicare Funding Is Exempt from the Automatic Stay, First Circuit Says

First Circuit declines to take sides in circuit split over jurisdiction in Medicare disputes.

1st Circuit

November 30, 2016

Ninth Circuit Extends Barton to Protect Creditors’ Committee Members

Ninth Circuit lays down rules governing derivative judicial immunity for official committee members.

9th Circuit

November 29, 2016

Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes

Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.

4th Circuit, Virginia, Virginia Eastern District

November 17, 2016

Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses

California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.

9th Circuit, California, California Eastern District

November 15, 2016

Sixth Circuit Bars Bankruptcy Courts from Enforcing Constitutional Rights in Chapter 9

Barring a city in chapter 9 from turning off the water violates Section 904, Sixth Circuit rules.

6th Circuit

November 11, 2016

District Courts Lack Jurisdiction to Enforce Discharge Injunctions

Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.

11th Circuit

November 10, 2016

Ninth Circuit Won’t Decide Whether BAPs Are ‘Established by an Act of Congress’

Cloud over constitutional authority of BAPs has been lifted, for now.

9th Circuit

October 19, 2016

No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions

In one respect, bankruptcy judges have more authority than district judges.

7th Circuit, Illinois, Illinois Northern District