May 10, 2023
An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.
May 08, 2023
Bankruptcy Judges Marvin Isgur and Gregory Taddonio disagree on whether the bankruptcy court has subject matter jurisdiction to grant ‘innocent spouse’ relief to a debtor.
May 01, 2023
Judge Goldblatt of Delaware wrote an opinion where the answer was self-evident but there was no authority on point.
April 19, 2023
The Supreme Court’s MOAC decision contains language casting doubt on the validity of the doctrine of equitable mootness.
April 14, 2023
A terse Second Circuit order seems to mean that a stay of a confirmation order pending appeal granted in district court can’t be appealed to the circuit, at least when the appeal is being expedited.
April 03, 2023
Sixth Circuit judges wrote 17 pages of dicta to muse on whether the ‘person aggrieved’ test for appellate standing died with the adoption of the Bankruptcy Code but remains good law under the ‘zone-of-interests’ test.
March 28, 2023
Like the question in MOAC to be decided soon by the Supreme Court, the BAP says that the qualifications for an involuntary petitioner are not jurisdictional and can be waived.
March 20, 2023
An appeal brewing in West Virginia may give the Fourth Circuit an opportunity to decide when or whether arbitration agreements are enforceable in bankruptcy.
March 06, 2023
The ‘possibility of harm’ won’t confer bankruptcy appellate standing, the Fifth Circuit says.
March 03, 2023
Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.