Retaining Jurisdiction Doesn’t Ensure Subject Matter Jurisdiction After Confirmation
Listing a lawsuit explicitly in a disclosure statement may not mean there’s a ‘close nexus’ to provide subject matter jurisdiction for an action brought in bankruptcy court after confirmation.
Court:
Supreme Court Update
Second Circuit Updates with Bill Rochelle
Fireside Chat with Retiring Judges
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Third Circuit Holds: Magistrate Judges May Issue Final Orders on Bankruptcy Appeals
The Third Circuit splits from Seventh and Tenth Circuit opinions dating from 1987 and 1990.
Court:
Bill Rochelle’s Top 10 Daily Wires
Benchnotes May 2025
Journal Issue:
Courts Divided on Broad or Narrow Grounds for Transferring Venue Under Section 1412
Some courts don’t transfer venue under 28 U.S.C. § 1412 if the claims are only ‘related to’ the bankruptcy and don’t arise in the bankruptcy case or arise under the Bankruptcy Code.
Arbitration in Bankruptcy Isn’t All or Nothing, Judge David Cleary Says
Chicago’s Judge David Cleary called for post-confirmation arbitration of claims between the debtor and a creditor, but no arbitration for the creditor’s defenses, raising questions of bankruptcy law.