Supreme Court Roundup
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Hot Topics with Bill Rochelle
Fourth Circuit: Bankruptcy Courts Aren’t Bound by Article III’s Case or Controversy Requirements
The Fourth Circuit says that bankruptcy courts have broader jurisdiction than other federal courts and that some of their decisions are unreviewable by Article III courts.
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Chapter 7 Debtors Have No Appellate Standing to Challenge a Short Sale, Circuit Says
Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
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Fourth Circuit: State Law Claims for Discharge Violations Are Not Preempted
The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.
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State Law Requiring Exhaustion of Administrative Remedies Won’t Divest Jurisdiction
Neither a contract nor state law requiring exhaustion of administrative remedies can divest the bankruptcy court of ‘core’ jurisdiction, even after plan confirmation.
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Fifth Circuit Adheres to ‘Person Aggrieved’ for Appellate Standing in Bankruptcy
Bankruptcy courts can have subject matter jurisdiction to approve settlements between nondebtors.
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