Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules ‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds. Judge Name - Do not use it. William T. Lawrence Read more about Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules
Bankruptcy Court Has ‘Core’ Power to Enforce a Final ‘Non-Core’ Order, Circuit Says Enforcing an Article III court’s decision on ownership is a ‘core’ proceeding, Judge Posner rules. Judge Name - Do not use it. Richard A. Posner Read more about Bankruptcy Court Has ‘Core’ Power to Enforce a Final ‘Non-Core’ Order, Circuit Says
Two Circuits Tackle Rooker-Feldman in Opinions on the Same Day Rooker-Feldman, Res Judicata and Issue Preclusion: nearly indistinguishable triplets separated at birth. Judge Name - Do not use it. Jane Kelly Read more about Two Circuits Tackle Rooker-Feldman in Opinions on the Same Day
Stern Objections Always Must Be Raised to Avoid Potential Malpractice The lawyer who lost Wellness International may be facing malpractice liability. Judge Name - Do not use it. Thomas M. Durkin Read more about Stern Objections Always Must Be Raised to Avoid Potential Malpractice
Ninth Circuit to Rehear Case Denigrating the Status of Bankruptcy Appellate Panels Ninth Circuit will decide en banc whether BAPs were “established” by Congress. Judge Name - Do not use it. J. Clifford Wallace, Jay S. Bybee Read more about Ninth Circuit to Rehear Case Denigrating the Status of Bankruptcy Appellate Panels
Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes Eleventh Circuit allows the government on its own to shut down a health care provider in chapter 11. Judge Name - Do not use it. Michael G. Williamson Read more about Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes
Domino Effect on Bankruptcy Is Enough for ‘Related To’ Jurisdiction, Circuit Says State procedural laws mandating dismissal are not applicable in federal court. Judge Name - Do not use it. James L. Dennis Read more about Domino Effect on Bankruptcy Is Enough for ‘Related To’ Jurisdiction, Circuit Says
Volunteers Needed for Amicus Briefs in Ninth Circuit Rehearing on Power of BAPs Ninth Circuit needs guidance from scholars on the status of bankruptcy appellate panels. Judge Name - Do not use it. Jay S. Bybee Read more about Volunteers Needed for Amicus Briefs in Ninth Circuit Rehearing on Power of BAPs
Arbitration Properly Denied in Trustee’s Fraudulent Transfer Suit, Circuit Says Denial of arbitration is not a ‘final order’ requiring district court action. Judge Name - Do not use it. Barry G. Silverman Read more about Arbitration Properly Denied in Trustee’s Fraudulent Transfer Suit, Circuit Says
Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction Unartful complaint didn’t prove fatal on a change-of-venue motion. Judge Name - Do not use it. Rodney Gilstrap Read more about Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction