In ‘13,’ a Motion to Dismiss Must Precede Entry of a Conversion Motion, Circuit Says
The Sixth Circuit majority and dissent have an intriguing debate over appellate jurisdiction.
BAP Decision Highlights Procedural Questions Surrounding ‘Personal Injury Tort’ Claims
Even under a narrow test requiring bodily injury, a domestic abuse claim is a ‘personal injury tort claim,’ BAP says.
Does Truck Insurance Give Chapter 7 Debtors Standing to Mount Claim Objections?
The lack of ‘pecuniary interest’ may deprive a chapter 7 debtor of constitutional standing, even though the debtor is a ‘party in interest.’
Reimposing the Stay Is a Final Order to Be Appealed Immediately, Ninth Circuit Says
Ninth Circuit questions continuing validity of BAP opinions on finality handed down before Ritzen.
Disciplinary Costs Are Nondischargeable in California But Dischargeable in Nevada
The Ninth Circuit gives state legislatures the ability to decide whether costs of attorneys’ disciplinary proceedings are dischargeable, or not.
Circuit Judge Ambro Scribes the Boundaries Between Rooker-Feldman and Preclusion
A final judgment on an issue in state court doesn’t by itself deprive federal courts of subject matter jurisdiction under the Rooker-Feldman doctrine, the Third Circuit explains.
A Disappointed Bidder Didn’t Have Prudential Standing in a Chapter 7 Case
In a chapter 7 case, a disappointed bidder wasn’t required to show Article III standing but was still required to demonstrate prudential standing as falling within the class of persons protected by Section 363.
Second Circuit Courts Narrowly View Finality of Bankruptcy Appeals
A district court in New York holds that denial of a settlement motion is not final and not appealable.