Rooker-Feldman Doesn’t Bar Review of an Erroneous Decision About the Automatic Stay
The Supremacy Clause allows bankruptcy courts to set aside erroneous decisions by state courts about the applicability of the automatic stay.
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The ‘Home Court’ Rule Does Not Apply in Chapter 15 Cases, District Judge Says
The Delaware district court affirmed Bankruptcy Judge Thomas Horan, who ruled that a creditor cannot sue a chapter 15 debtor in bankruptcy court on a prebankruptcy claim.
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Chapter 15 Automatic Stay Isn’t Effective Retroactively, Ninth Circuit Says
Alter ego claims belong to the creditor, not to the bankrupt estate.
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Judge Barnes Explained Why Bankruptcy Stays Don’t Require Personal Jurisdiction
Chicago’s Bankruptcy Judge Timothy Barnes explained eight years ago why bankruptcy stays do not require personal jurisdiction, unlike injunctions in receiverships.
Fifth Circuit Receivership Opinion Raises Questions About the Automatic Stay
Fifth Circuit says that the court must have obtained personal jurisdiction over a third party in a receivership to enforce an injunction. Is the same true for the automatic stay and the discharge injunction in bankruptcy? Is there no injunction before there’s personal jurisdiction?
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Supreme Court’s Jarkesy Opinion Clarifies Granfinanciera on Jury Trial Rights
A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.
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Fifth Circuit Tells Us What Ritzen and Travelers Mean and Don’t Mean
To revisit denial of a lift-stay motion, the prior order denying modification of the stay isn’t required to say ‘without prejudice.’
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Tyler Applied Retroactively to Set Aside a Judgment of Tax Foreclosure
Tyler was applied retroactively because the debtor’s efforts to set aside a tax foreclosure judgment were ‘in the pipeline’ when bankruptcy began.
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Dismissal of Second J&J Chapter 11 Filing Upheld by Return Mail in the Circuit
The ‘attenuated possibility of insolvency’ in the future does not establish ‘financial distress,’ Circuit Judge Ambro said, interpreting his own prior opinion.
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