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ABI Journal

November 27, 2023

Tenth Circuit BAP Disagrees with the Fourth Circuit on Inapplicability of Article III

The split deepens on whether the jurisdiction of bankruptcy courts is limited by Article ‘case or controversy’ requirements.

10th Circuit

November 14, 2023

Rooker-Feldman Only Applies to Someone Who Was a Party in State Court

Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.

11th Circuit, Florida, Florida Middle District

November 13, 2023

In MOAC on Remand, the Second Circuit Vacates the Order Assigning the Lease

The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.

2nd Circuit

October 31, 2023

It’s Ok for Lenders to ‘Manufacture’ a Favorable Venue, Delaware Judge Says

A Delaware opinion states that debtors can’t reincorporate to manufacture venue, but it’s permissible for lenders to do so.

3rd Circuit, Delaware

October 25, 2023

Bankruptcy Judge Refuses to Enforce an Arbitration Agreement

An exculpation clause in a chapter 11 plan protected the owner’s counsel from a malpractice suit.

6th Circuit, Ohio, Ohio Southern District

October 23, 2023

Labor Union Beats Back a Motion to Transfer Venue to the Bankruptcy Court

A district judge, who had been a bankruptcy and BAP judge, narrowly interpreted 28 U.S.C. § 1412 as being inapplicable to pending suits only “related to” the bankruptcy.

10th Circuit, Kansas

October 17, 2023

Supreme Court to Hear a Third Bankruptcy Case this Term: Standing Under § 1109(b)

Supreme Court to decide whether a creditor has standing to object to any provision in a chapter 11 plan, even provisions that don’t affect the creditor.

Supreme Court

September 28, 2023

An FTC Suit Under the Sherman and FTC Acts Wasn’t Subject to the Automatic Stay

The ‘police and regulatory’ exception to the automatic stay applies when the FTC is only seeking injunctive and equitable relief, the D.C. Circuit says.

D.C. Circuit, District of Columbia

September 19, 2023

Fourth Circuit: Bankruptcy Courts Aren’t Bound by Article III’s Case or Controversy Requirements

The Fourth Circuit says that bankruptcy courts have broader jurisdiction than other federal courts and that some of their decisions are unreviewable by Article III courts.

4th Circuit

September 15, 2023

Chapter 7 Debtors Have No Appellate Standing to Challenge a Short Sale, Circuit Says

Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.

9th Circuit