May 27, 2020
The case from the Third Circuit was not a good vehicle for granting certiorari on either issue, even though there is a circuit split on nonconsensual, third-party releases.
April 9, 2020
Delaware district judge permits remand when the suit was subject to mandatory abstention.
March 26, 2020
Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.
February 18, 2020
Failure to respond to a well-pleaded complaint implies consent for the bankruptcy court to enter final judgment in an avoidance action, Judge Glenn rules.
February 17, 2020
The bankruptcy court had ‘core’ jurisdiction over a dispute between two nondebtor third parties because the litigation involved the interpretation of a financing order.
January 31, 2020
District judge decides that he lacked jurisdiction to enforce a cross-border protocol against foreign liquidators.
January 22, 2020
The general rule in Langenkamp calling for the waiver of Seventh Amendment rights prevails over the unique facts of a case.
January 8, 2020
Sovereign immunity required dismissal of a suit to recover the value of a gambling license because the suit wasn’t an ancillary exercise of the bankruptcy court’s in rem jurisdiction over a res.
December 26, 2019
Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.
December 23, 2019
Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.