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ABI Journal

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 Court

March 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 Circuit

March 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, Delaware

March 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 Circuit

February 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 Circuit

February 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 Circuit

February 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, Delaware

February 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 Circuit

January 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, Maryland

December 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