Parties May Not Consent for Magistrate Judge to Decide a Bankruptcy Appeal
Fifth Circuit holds that 28 U.S.C. § 158 requires district judges or BAPs to decide bankruptcy appeals.
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Supreme Court to Decide Whether Section 363(m) Is a Jurisdictional Bar to Appeal
The Supreme Court now has two bankruptcy cases on the calendar for argument in the term to begin in October.
Chapter 7 Debtors Have No Appellate Standing to Challenge a Short Sale, BAP Says
BAP doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
Supreme Court on Arbitration (Again): Perhaps Bankruptcy Is Exempt from Arbitration?
Cutting back on knee-jerk invocation of arbitration, the Supreme Court says that agreements to arbitrate are no more enforceable than ordinary contracts.
Harmful Logic or Legal Conclusions Standing Alone Don’t Confer Standing to Appeal
To establish constitutional standing to appeal, an appellant must seek to overturn the order below, the Sixth Circuit BAP says.