No Bankruptcy Jurisdiction for a Settlement that Contradicts a Chapter 11 Plan
Fifth Circuit finds no bankruptcy jurisdiction to approve a settlement after confirmation that contradicts the chapter 11 plan.
Court:
Benchnotes August 2023
Journal Issue:
J&J, Redux: Bankruptcy Court Dismissed 3M Subsidiary’s Chapter 11 Case
Indianapolis Bankruptcy Judge Jeffrey Graham says that the bankruptcy court cannot become “another court of general jurisdiction.”
Circuit Splits & Hot Topics with Bill Rochelle
As if by Magic, Section 1412 Transforms an Improper Venue into a Proper Venue
A judge sitting in a proper venue may transfer venue to a district that was improper originally.
Move Over, Delaware: Texas Takes Center Stage in Bankruptcy Surge
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‘Person Aggrieved’ Isn’t the Proper Standard for Bankruptcy Appeals, Circuit Says
Ninth Circuit says that the ‘person aggrieved’ standard for appellate standing was superseded by Article III standing on adoption of the Bankruptcy Code in 1978.
Court:
Courts May Bypass Equitable Mootness to Rule on the Merits, Fifth Circuit Says
Even if an appeal is equitably moot, the appellate court nonetheless has appellate jurisdiction. Equitable mootness is prudential, not jurisdictional.
Court:
Denial of Withdrawal of the Reference Isn’t a Final, Appealable Order, Circuit Says
An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.
Court:
Disagreement on Bankruptcy Court’s Jurisdiction to Give ‘Innocent Spouse’ Relief
Bankruptcy Judges Marvin Isgur and Gregory Taddonio disagree on whether the bankruptcy court has subject matter jurisdiction to grant ‘innocent spouse’ relief to a debtor.