Venue/Jurisdiction

New York Judge Finds Constitutional Power to Enter Default Judgments

Assuming service was properly effected, Judge Martin Glenn views Wellness International as permitting bankruptcy courts to enter final default judgments in all adversary proceedings.

Constitutionality of the Puerto Rico Oversight Board Upheld in District Court

PROMESA’s authority is in the Territories Clause of the Constitution, District Judge Swain says.

Bankruptcy Judge Can Enter Final Judgment after a Fraudulent Transfer Bench Trial

The payee of a check isn’t necessarily the transferee of a fraudulent transfer, Chicago judge says.

Reversing a Grant of Summary Judgment May or May Not Be a Final Order, Circuit Says

Eleventh Circuit explains when a final order may not remain a final order.

COMIs Under Chapter 15 and EIR Recast: Brothers, but Not Twins

Aug 2018

The Supreme Court Is Not Ready to Tell Us When a Trustee or Debtor-in-Possession Possesses Seventh Amendment Jury Trial Rights in Bankruptcy … Here Is What We Know in the Meantime

Adjudicating Securities Law Violations in the Age of Limited Bankruptcy Court Jurisdiction

Belatedly Purchasing a Claim Won’t Confer Appellate Standing, Circuit Rules

Newly appointed Circuit Judge Willett has a way with words.

Appeal from Interpretation of a Prior Sale Order Is Reviewed for Abuse of Discretion

A creditor can’t have derivative standing if the trustee already sold the claim, BAP says.

Mandatory Abstention Applies to an Entire Adversary Proceeding, Not Individual Claims

Abstention can’t be used to peel off some claims from an adversary proceeding, the BAP says.