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ABI Journal

Venue/Jurisdiction

Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules

‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds.

7th Circuit
Indiana
Indiana Southern District

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.

7th Circuit

Two Circuits Tackle Rooker-Feldman in Opinions on the Same Day

Rooker-Feldman, Res Judicata and Issue Preclusion: nearly indistinguishable triplets separated at birth.

8th Circuit

Stern Objections Always Must Be Raised to Avoid Potential Malpractice

The lawyer who lost Wellness International may be facing malpractice liability.

7th Circuit
Illinois
Illinois Northern District

Ninth Circuit to Rehear Case Denigrating the Status of Bankruptcy Appellate Panels

Ninth Circuit will decide en banc whether BAPs were “established” by Congress.

9th Circuit

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.

11th Circuit

Domino Effect on Bankruptcy Is Enough for ‘Related To’ Jurisdiction, Circuit Says

State procedural laws mandating dismissal are not applicable in federal court.

5th Circuit

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.

9th Circuit

Arbitration Properly Denied in Trustee’s Fraudulent Transfer Suit, Circuit Says

Denial of arbitration is not a ‘final order’ requiring district court action.

9th Circuit

Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction

Unartful complaint didn’t prove fatal on a change-of-venue motion.

5th Circuit
Texas
Texas Eastern District
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