Venue/Jurisdiction

Third Circuit Has a Broad View of ‘Related To’ Jurisdiction After Plan Confirmation

A post-confirmation lawsuit to generate funds to pay a chapter 13 plan establishes ‘related to’ jurisdiction for noncore claims.

Third Circuit to Decide: May Magistrate Judges Issue Final Orders on Bankruptcy Appeals?

The Third Circuit will decide whether the broad language in the Federal Magistrate Act allows magistrate judges to issue final orders on bankruptcy appeals when the parties consent.

U.S. Trustee Moves to Transfer Venue of New J&J Case from Houston to New Jersey

The new J&J filing starkly raises the issue of venue-shopping. If the new case remains in Houston, the Texas court would not be bound by the Third Circuit’s ‘financial distress’ requirement.

Nov 2024

Fraudulent Transfer Suit Does Not Require Injury to Creditors, Circuit Says

A trustee has standing and a claim for fraudulent transfer just because a fraudulent transfer erodes assets of the bankrupt estate.

Abandonment Usually Ends Section 1334(e)(1) Bankruptcy Jurisdiction, Circuit Says

For abandoned property, there is more likely to be bankruptcy jurisdiction under Section 1334(b) than Section 1334(e)(1), Fifth Circuit Judge King says.

Eighth Circuit Holds that § 303(i) Damages Are Available for § 305(a) Dismissal

Eighth Circuit panel disagrees about whether federal preemption bars state law claims for dismissal of an involuntary petition.