Jurisdiction

3d Circuit Further Explains the Limited Scope of a Bankruptcy Court's Subject Matter Jurisdiction

[1/13/10 Update:  Thanks to Steve Sather from A Texas Bankruptcy Lawyer's Blog for his comment below.  In his post today, he discusses in greater length the opinion of Judge Edith Jones in holding that "related to" jurisdiction exists over a non-debtor dispute if

Circuit Court of Appeals Cases from Last Week

3rd Circuit Court of Appeals, December 31, 2009 In re W.R. Grace & Co., --- F.3d ---, 2009 WL ------------ (3rd Cir. 2009)(no subject matter jurisdiction to expand a preliminary injunction to include Montana actions - bankruptcy court does not...

Discharge by Declaration: What Chapter 13 Lawyers Can Learn From Chapter 11

This is a paper which I presented to the ABI Winter Leadership Conference on December 4, 2009. I wrote this before the oral argument in Espinosa which is discussed in today's other post.I. Introduction

Son of Pine Gate

As Credit Slips readers may know, a group of key Philadelphia newspapers are currently in chapter 11. The debtor that owns the papers owes its secured lenders north of $290 million. It wants to sell itself under a plan to...

Circuit Court of Appeals Cases from Last Week

3rd Circuit Court of Appeals, November 12, 2009 In re Madera, --- F.3d ---, 2009 WL ----------- (3rd Cir. 2009)(summary judgment for creditor is affirmed where 1) the Rooker-Feldman precluded the bankruptcy court's jurisdiction over debtors' rescission claim because that...

Middle District Opinion: Relief From Stay To Litigate Employment Claims In District Court

In re Coachworks Holdings, Inc., Ch. 11 Case No. 09-51096, 2009 Bankr. LEXIS 3369 (Bankr. M.D. Ga. Oct.

Voyage of the Damned: The GM Tort Claimants' Opening Appellate Brief -- Brother, Can You Spare a Quarter?

[4/13/10 Update:  In this decision, the District Court denied my appeal as statutorily and equitably moot and so would not consider whether Section 363(f) allows bankruptcy sales "free and clear" in in personam products liability claims.]

Required Bankruptcy Reading from Klee and Hayes for Justice-To-Be Sonia Sotomayor (and You Too!)

With the Second Circuit's Judge Sotomayor soon to ascend to the Supreme Court, bankruptcy lawyers must be disappointed at the complete absence of any questioning of her on bankruptcy issues.  And it's not like there's nothing to talk about!  Only 10 days ago, Judge Gerber felt compelled by the