Venue/Jurisdiction

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.

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.

Bankruptcy Court Jurisdiction May Be More Limited than You Think

Sept 2022

Circuit Split May Force Tribal Nations into Bankruptcy Courts

Aug 2022

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.

Addressing Perceived Abuses of Chapter 11: An 18-Month Legislative Scorecard

July 2022

Know When to Hold ’em, Know When to Fold ’em: Lessons from the Caesars Bankruptcy

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.

Equitable Mootness: What Should the Law Be?