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ABI Journal

Venue/Jurisdiction

On a Split, the Deadline for Withdrawals Is 30 Days, not the 90 Days in Rule 9027

The time to withdraw a lawsuit to bankruptcy court is governed by a general federal statute that doesn’t refer to bankruptcy, not the Bankruptcy Rule that specifically governs withdrawals to bankruptcy cases, a district judge says.

A Final Order in a Contested Matter Isn’t Necessarily a ‘Final Order’ for Appeal

A Final Order in a Contested Matter Isn’t Necessarily a ‘Final Order’ for Appeal

Forum Non Conveniens Applied When Chapter 15 Would Have Been a Better Fit

The Fourth Circuit’s nonprecedential opinion means that chapter 15 doesn’t have the exclusive remedy for enjoining U.S. litigation in cross-border bankruptcies.

Delaware’s Judge Silverstein Writes an Opinion with Stuff on Practice and Procedure

A trustee could sue on behalf of a dissolved Delaware corporation.

Second Circuit Courts Narrowly View Finality of Bankruptcy Appeals

A district court in New York holds that denial of a settlement motion is not final and not appealable.

Retaining Jurisdiction Doesn’t Ensure Subject Matter Jurisdiction After Confirmation

Listing a lawsuit explicitly in a disclosure statement may not mean there’s a ‘close nexus’ to provide subject matter jurisdiction for an action brought in bankruptcy court after confirmation.