Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
Delaware district judge permits remand when the suit was subject to mandatory abstention.
An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.
Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.
The Pacor test for ‘related to’ jurisdiction isn’t so broad when it comes to indemnification agreements.