Rochelle's Daily Wire

ABI Exclusive

March 1, 2021

In a removed action, nationwide service under Bankruptcy Rule 7004 can give a district court personal jurisdiction, even though the state court would lack personal jurisdiction.

February 22, 2021

Federal Rule 54(b) is not an alternative to 28 U.S.C. § 158(a)(3) and Bankruptcy Rule 8004 for certifying an interlocutory appeal.

February 16, 2021

Tenth Circuit majority believes that the grant or denial of an exemption is sufficient to make the order final, even if the bankruptcy court hasn’t ruled on the extent or amount of the exemption.

January 25, 2021

Are the lower courts out of step with the Supreme Court when it comes to enforcement of arbitration of disputes in bankruptcy court?

December 8, 2020

Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.

November 30, 2020

Cutting off post-petition liens under PROMESA did not violate the Takings Clause.

November 3, 2020

Impliedly overruling the law in five circuits, the Supreme Court changed the rules for deciding when a deadline is jurisdictional, the Sixth Circuit says.

October 26, 2020

Is the Barton doctrine based on a lack of subject matter jurisdiction, or is it a prudential rule?

October 9, 2020

August 20, 2020

Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says