Another Article III Judge Won’t Let Bankruptcy Stop Suits Against Nondebtors
The same day the Supreme Court decided to hear Purdue, a district judge on Long Island, N.Y., sent dozens of long-stayed sexual abuse cases back to state court where the debtor is not a named defendant.
Unlike Yesterday’s Story, a Two-Nondebtor Lawsuit Didn’t Have ‘Related To’ Jurisdiction
Unlike the case we reported on yesterday, there was no ‘related to’ jurisdiction because the outcome of a suit between two nondebtors wouldn’t have a direct effect on the bankrupt estate.
A Suit Between Two Nondebtors Might Have ‘Related To’ Jurisdiction
There could be ‘related to’ jurisdiction if a lawsuit between nondebtors might reduce claims against the bankrupt estate.
Recent Bankruptcy Appellate Decisions
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Section 105(a) Doesn’t Give Rise to a Private Right of Action for Abuse of Process
With claims for abuse of process not available in a bankruptcy case, the offended party must pursue contempt or other sanctions created by the Bankruptcy Code, a California district judge says.
Fifth Circuit Reaffirms ‘Person Aggrieved’ as the Standard for Appellate Standing
The Fifth Circuit declined to follow the Ninth Circuit in questioning ‘person aggrieved’ as being inconsistent with recent Supreme Court authority.
Court:
Ninth Circuit Won’t Give Pro Se Litigants Slack About Consent to Final Adjudication
Wellness International may have undercut prior Second Circuit authority giving pro se litigants a loophole for arguing there was no implied consent to final adjudication by an Article I judge.
Court:
Circuit Judge Who Axed J&J Bankruptcy Move Handed Biden a Vacancy
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Texas Leads in Commercial Bankruptcy Filings in First Half of 2023
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