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ABI Journal

Venue/Jurisdiction

Serving a Complaint on a Bank by Ordinary Mail Is a Nullity

Without service by certified mail, a bank is not compelled to respond to a complaint.

2nd Circuit
New York
New York Eastern District

Cutting Off Medicare Funding Is Exempt from the Automatic Stay, First Circuit Says

First Circuit declines to take sides in circuit split over jurisdiction in Medicare disputes.

1st Circuit

Ninth Circuit Extends Barton to Protect Creditors’ Committee Members

Ninth Circuit lays down rules governing derivative judicial immunity for official committee members.

9th Circuit

Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes

Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.

4th Circuit
Virginia
Virginia Eastern District

Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses

California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.

9th Circuit
California
California Eastern District

Sixth Circuit Bars Bankruptcy Courts from Enforcing Constitutional Rights in Chapter 9

Barring a city in chapter 9 from turning off the water violates Section 904, Sixth Circuit rules.

6th Circuit

District Courts Lack Jurisdiction to Enforce Discharge Injunctions

Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.

11th Circuit

Ninth Circuit Won’t Decide Whether BAPs Are ‘Established by an Act of Congress’

Cloud over constitutional authority of BAPs has been lifted, for now.

9th Circuit

No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions

In one respect, bankruptcy judges have more authority than district judges.

7th Circuit
Illinois
Illinois Northern District

‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership

Findings of fact determine whether bankruptcy court can enter a final order.

6th Circuit
Michigan
Michigan Eastern District
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