March 21, 2024
Supreme Court Hears Argument on Who Has Standing in Bankruptcy Cases
The Supreme Court may decide that standing in bankruptcy cases is more flexible and that Article III standards don’t apply in chapter 11 cases.
Supreme CourtMarch 19, 2024
Rooker-Feldman Held Not to Prevent Relitigation of a Denied Exemption
The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.
11th CircuitMarch 07, 2024
Ritzen and Bullard Didn’t Change the ‘Pragmatic Approach’ to Bankruptcy Finality
Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.
3rd Circuit, DelawareMarch 04, 2024
A Bankrupt Defendant Complicates Filing an Appeal Against Everyone Else
The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.
6th CircuitFebruary 28, 2024
Modifying the Stay Doesn’t Relinquish Jurisdiction Entirely over the Dispute
In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.
10th CircuitFebruary 26, 2024
Fifth Circuit: MOAC Didn’t Weaken Section 363(m) on Statutory Mootness for Sales
The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.
5th CircuitFebruary 08, 2024
Another Judge Rules that Federal Bankruptcy Law Preempts Delaware Law on LLCs
Like Bankruptcy Judge Lopez in Houston, Delaware’s Judge Goldblatt decided that Delaware law governing LLCs can’t eliminate rights that are fundamental in federal bankruptcy law.
3rd Circuit, DelawareFebruary 06, 2024
Rooker-Feldman Even Bars Review of State Court Judgments that Are ‘Void,’ Circuit Says
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.
5th CircuitJanuary 09, 2024
Denial of Modification of a Chapter 11 Plan Is Final and Appealable
Baltimore district judge applies the Fourth Circuit’s ‘substantial and unanticipated’ test to modifications of chapter 11 plans.
4th Circuit, MarylandDecember 14, 2023
General Objection to Entry of Final Orders Won’t Preserve a ‘Stern’ Objection, BAP Says
Acquiescence in an appeal to a BAP waives any right to de novo review by an Article III judge.
9th Circuit