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 CircuitNovember 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 DistrictNovember 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 CircuitOctober 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, DelawareOctober 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 DistrictOctober 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, KansasOctober 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 CourtSeptember 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 ColumbiaSeptember 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 CircuitSeptember 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