Venue/Jurisdiction

What’s Your Favorite? Supreme Court Decisions that Will Impact (and Already Have Impacted) Bankruptcy Practice

Did the Supreme Court Hint that Bankruptcy Venue Is Too Broad?

The Bristol-Myers decision on state class actions may eventually affect bankruptcy venue.

Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent

Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.

Substituting Trustee as Plaintiff Is Not a Final Order, Second Circuit Says

Dismissing the debtor as plaintiff is not a final order when the trustee is substituted.

Seventh Circuit Requires Stern Consent from Unserved Defendants in Non-Core Suits

Seventh Circuit complicates life for bankruptcy judges in deciding a case involving magistrates.

The Small-Dollar Preference Venue Guessing Game Under § 1409(b)

Sept 2017

Benchnotes August 2017

Aug 2017

Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds

Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.

Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection

Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.

Circuits Split on Enjoining the IRS from Pursuing Corporate Officer to Collect Taxes

Puerto Rico judge sides with the Third Circuit by upholding the Anti-Injunction Act in bankruptcy cases.