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ABI Journal

Venue/Jurisdiction

06
July
2025
Article Tags
Court Administration
Venue/Jurisdiction
Business Reorganization
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Circuits Are Split on the Extent to Which Bankruptcy Law Preempts State Law

The Ninth Circuit held that a debtor’s claim for malicious prosecution must be brought in bankruptcy court and may not be filed in state court.

9th Circuit
Topics
Venue/Jurisdiction

Judge Barnes Explained Why Bankruptcy Stays Don’t Require Personal Jurisdiction

Chicago’s Bankruptcy Judge Timothy Barnes explained eight years ago why bankruptcy stays do not require personal jurisdiction, unlike injunctions in receiverships.

7th Circuit
Illinois
Illinois Northern District

Fifth Circuit Receivership Opinion Raises Questions About the Automatic Stay

Fifth Circuit says that the court must have obtained personal jurisdiction over a third party in a receivership to enforce an injunction. Is the same true for the automatic stay and the discharge injunction in bankruptcy? Is there no injunction before there’s personal jurisdiction?

5th Circuit

Denial of a Debtor’s Motion to Dismiss a Petition Isn’t Appealable, Second Circuit Says

In practical effect, the Second Circuit’s opinion means that a chapter 7 debtor may never appeal denial of a motion to dismiss a petition.

2nd Circuit

Supreme Court’s Jarkesy Opinion Clarifies Granfinanciera on Jury Trial Rights

A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.

Supreme Court

Circuit Says Retaining Jurisdiction Not Required to Impose Fees Under Section 303(i)

Motions for fees must be made within 14 days of the entry of judgment.

1st Circuit

BAP Pushes Back Against Kelly on the Dischargeability of Disciplinary Costs

The Ninth Circuit BAP rebelled against the Supreme Court’s departure from the statute in Kelly v. Robinson on dischargeability under Section 523(a)(7).

9th Circuit

How to Circumvent the Prohibition of Appealing Abstention Decisions to the Circuit

The Ninth Circuit BAP makes life easy for the Circuit Court of Appeals. Every circuit should have a BAP.

9th Circuit
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