Venue/Jurisdiction

Chapter 15 Primer: Learning the Global Chess Game

April 2019

Constitutional Authority of Bankruptcy Judges: The Effects of Stern v. Marshall as Applied by the Courts of Appeals

First Circuit Cans the Puerto Rico Oversight Board as Unconstitutionally Appointed

The appeals court is attempting to avoid chaos despite ruling that the appointment of Puerto Rico Oversight Board members violated the Appointments Clause of the Constitution.

An Objection to Third-Party Releases Must Be Raised in Bankruptcy Court

A non-objecting creditor is bound by a third-party release even if the release may have been improper.

Seventh Circuit Makes Stays Pending Appeal Automatic in Mortgage Foreclosures

The Seventh Circuit’s opinion interpreting the amendment to Rule 62 is nonprecedential and prompted a dissent, and it may apply only in some states.

Fifth Circuit Declines to Expand Equitable Mootness Beyond Plan Confirmation

An appeal from an integrated sale and settlement can be dismissed under Section 363(m), the Fifth Circuit says.

‘Stern’ Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U.S.C. § 1291

Ninth Circuit says that Section 158(d)(1) isn’t an appeals court’s jurisdiction over a ‘Stern’ matter.

The Jay Alix/McKinsey Spat Reaches the Supreme Court

The Jay Alix certiorari petition asks the high court to resolve a circuit split and say whether vindicating the public interest confers appellate standing.

The Emily Litella Principle Governs the Withdrawal of Proofs of Claim

Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.

Judge, I’ve Got a Feeling We’re Not in Kansas Anymore (or Moscow, Either)

March 2019