Post-Confirmation/Post-Sale Jurisdiction
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Early Edition with Bill Rochelle
H.R. 1017, the "Bankruptcy Venue Reform Act"
To amend title 28, United States Code, to modify venue requirements relating to bankruptcy proceedings.
Supreme Court Says that Insurance Neutrality Doesn’t Deprive an Insurer of Standing
Reversing the Fourth Circuit, the Supreme Court gives a flexible interpretation to traditional notions of constitutional standing in bankruptcy cases and appeals.
Court:
Sub V Trustee Lacks Standing to Pursue an Adversary Proceeding for the Debtor
Bankruptcy Judge Eduardo Rodriguez of Houston opined on the limited powers of a Subchapter V trustee.
Belated Seventh Circuit Opinion May Set Up ‘Cert’: Is Section 505(a) Jurisdictional?
Seventh Circuit again holds that Section 505(a) doesn’t confer jurisdiction for bankruptcy courts to decide how much debtors owe in taxes.
Court:
District Judge Explains What a Notice of Appeal Does and Doesn’t Do
A notice of appeal precludes the court from modifying an order on appeal but does not impair enforcement of the order absent a stay pending appeal.
Court:
Fifth Circuit Draws ‘Person Aggrieved’ into Question for Appellate Standing
The Bankruptcy Code dropped ‘person aggrieved’ as the standard for appellate standing. Did it survive nonetheless?
Court:
Orders for Contempt and Sanctions Aren’t Appealable in the Fourth Circuit
Whether orders in contested matters are ever appealable is in doubt after a Fourth Circuit decision that declined to follow contrary opinions by bankruptcy appellate panels.
Court:
MOAC Again: No Remedy for the Landlord Despite Beating Sears in the Supreme Court
On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.