Venue/Jurisdiction

SCOTUS: Tribal Sovereign Immunity Abrogated Through the Code

Sept 2023

A Bankruptcy Petition Automatically Stays the Filing of an Appeal or a Cross Appeal

When the debtor files bankruptcy before the time has elapsed for a creditor to file a cross appeal, the cross appeal is deemed timely when filed within 30 days after the stay terminated, the Tenth Circuit held.

Sixth Circuit Staunches the Spread of Equitable Mootness to Chapter 7

Two judges on the Sixth Circuit cast doubt on the validity of the doctrine of equitable mootness, even in chapter 11 reorganizations.

No Bankruptcy Jurisdiction for a Settlement that Contradicts a Chapter 11 Plan

Fifth Circuit finds no bankruptcy jurisdiction to approve a settlement after confirmation that contradicts the chapter 11 plan.

Benchnotes August 2023

Aug 2023

J&J, Redux: Bankruptcy Court Dismissed 3M Subsidiary’s Chapter 11 Case

Indianapolis Bankruptcy Judge Jeffrey Graham says that the bankruptcy court cannot become “another court of general jurisdiction.”

Circuit Splits & Hot Topics with Bill Rochelle

As if by Magic, Section 1412 Transforms an Improper Venue into a Proper Venue

A judge sitting in a proper venue may transfer venue to a district that was improper originally.