Benchnotes May 2025
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Priority Wage Claims Must Be Counted for Sub V Eligibility, Even if Paid Post-Petition In a case of first impression, Hon. Eduardo V. Rodriguez of the U.S. Bankruptcy Court for the Southern
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.
Judge Christopher Klein Writes ‘Cliffs Notes’ on Transferring Venue of Related Cases
In transferring venue of a related case under Rule 1014(b), the bankruptcy court can move sua sponte and need not await a venue motion by a creditor or party in interest.
Judicial Immunity Can Protect a Trustee when Barton Doesn’t Apply, Circuit Says
When a trustee mistakenly seizes a nondebtor’s property, the Barton doctrine by itself doesn’t protect the trustee, but judicial immunity does.
Third Circuit Has a Broad View of ‘Related To’ Jurisdiction After Plan Confirmation
A post-confirmation lawsuit to generate funds to pay a chapter 13 plan establishes ‘related to’ jurisdiction for noncore claims.
Benchnotes November 2024
Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo One Practical Effect of Using Bankruptcy to Pursue Litigation in the Context of a Ponzi Scheme: The In Pari Delicto Defense In Kelly v. BMO Harris Bank NA, 1 the Eighth Circuit explained one key
Denial of a Debtor’s Motion to Dismiss a Petition Isn’t Appealable, Second Circuit Says
In practical effect, the Second Circuit’s opinion means that a chapter 7 debtor may never appeal denial of a motion to dismiss a petition.