Eleventh Circuit Says Section 363(m) Even Moots Appeals Not Properly Authorized In a concurrence, Circuit Judge Jordan questions whether rollups are permitted under Eleventh Circuit authority. Read more about Eleventh Circuit Says Section 363(m) Even Moots Appeals Not Properly Authorized
General Default Judgment Didn’t Satisfy Requirements of Issue Preclusion, Circuit Says If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt. Read more about General Default Judgment Didn’t Satisfy Requirements of Issue Preclusion, Circuit Says
Circuits Split on Applying Derivative Jurisdiction to a Lack of Personal Jurisdiction In a removed action, nationwide service under Bankruptcy Rule 7004 can give a district court personal jurisdiction, even though the state court would lack personal jurisdiction. Read more about Circuits Split on Applying Derivative Jurisdiction to a Lack of Personal Jurisdiction
Eleventh Circuit Endorses the Applicability of ‘Equitable Mootness’ in Chapter 9 Two circuits and a BAP now invoke ‘equitable mootness’ to dismiss appeals from orders confirming chapter 9 municipal debt adjustment plans. Judge Name - Do not use it. Adalberto Jordan Read more about Eleventh Circuit Endorses the Applicability of ‘Equitable Mootness’ in Chapter 9
Direct Circuit Review Isn’t Possible from Proposed Findings and Conclusions A Stern-infected decision can’t be appealed directly to a court of appeals, the Eleventh Circuit says. Judge Name - Do not use it. Adalberto Jordan Read more about Direct Circuit Review Isn’t Possible from Proposed Findings and Conclusions